The EU and Japan have signed a trade agreement. In other trade agreements, such as CETA and TTIP, a (highly) contentious issue is Investor-state dispute-settlement (ISDS), in which private courts may award damages to companies if a country adopts legislation that has a negative economic impact on a particular company (such as environmental, health, or labour protections). The BBC article makes no mention of ISDS. Is this included in the EU-Japan trade deal?


According to The Guardian, this is still open. Apparently, both the EU and Japan want some form of trade court, but the exact form remains under discussion:

Despite a likely agreement on Thursday, the sensitive subject of a court system to settle investor disputes remains open. Japan has not accepted the EU’s preferred alternative to the investor-state dispute settlement (ISDS), a system for resolving trade disputes that has been criticised by unions and activists for giving too much power to corporations. Under pressure from NGOs, the EU proposed a new kind of trade court, where judges would be appointed by governments rather than disputing parties. But Tokyo has not come round to this idea.

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