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26 Oct 2016

International Institute for Sustainable Development

IISD Statement for Panel III, Sub-theme 1

...I would also like to take this opportunity to address some of the comments made by one of the panellists yesterday, Mr. Meyerstein...For the past two decades, my institution has also closely followed the debate on ISDS and more broadly the reform of the investment regime, and I would like to share some of our observations...Mr. Meyerstein also claimed "no laws are ever rewritten"...We do not know the details of all those settlement agreements as they are among the best guarded secrets in this non-transparent industry. But we do know that as part of a settlement...Germany withdrew its measures against Vattenfall after an arbitration was initiated against it...Mr. Meyerstein's data told him that the vast majority of ISDS claims were brought as a last resort.  Our data tells us that the threat of ISDS is regularly used against governments...We respect Mr. Meyerstein’s right to use statistics as fit his objectives, but would also like to share our observations on this issue so that Mr. Meyerstein's use of his statistics will not be understood as reflecting the view of the meeting as to their correctness, simply as his opinion of what certain statistics reflect...