Some EU member states are also concerned that a procedure included in the mandate to allow for resolving disputes between investors and states.
While such dispute mechanisms are increasingly common in free trade agreements, some EU diplomats say they are not necessary for two parties with strong legal systems already. EU countries have worried it could result in excessive lawsuits challenging national regulations.
The updated [EU draft negotiating mandate] includes language designed to calm such fears.
"Investor-to-state dispute settlement mechanism should contain safeguards against frivolous claims," the draft said.
"The inclusion of investment protection and investor-to-state dispute settlement will depend on whether a satisfactory solution meeting EU interests... is achieved."
I'm very curious to see what "safeguards" they come up with. Will they find a way to limit the dangers? Or will they simply exclude investor-state altogether?