Glyn Moody describes how, following a recent leak of the ISDS chapter of the CETA treaty, was analysed and an important loophole was discovered. Because of this, Moody writes, « Rupert Schlegelmilch, director of services, investment and procurement at DG Trade, speaking on behalf of the Commission […] the EU is rethinking a “Most Favoured Nation” (MFN) article in the CETA investment chapter that new analysis suggests undermines much of the more careful language in the treaty relating to a government’s ability to regulate. As written, the MFN article would let Canadian and EU investors ignore the definitions of “fair and equitable treatment” or “indirect expropriation” in CETA and take other more investor-friendly language from past agreements signed by either party. »
Moody argues that the Linus rule – that open software contains fewer nasty bugs as there are many more people who scrutinise it – can apply to international treaties also.
He then writes that « One aspect of TTIP that has not been discussed much yet concerns intellectual monopolies. […] The question is: will the US try to use TAFTA/TTIP to bring in ACTA-like measures? Since everything is being negotiated behind closed doors, we don’t yet know, but I’m confident we’ll soon see some leaks that give us an insight into this crucial area. »