ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

in the European Parliament to draft a resolution that
would generate multi-party support across the political
spectrum and would outline a series of measures
that could encourage Hungary to recommit itself to
EU values. In this paper, I will explain the process of
writing the Tavares Report and will assess the success
of the mechanisms that the report developed to
bring backsliding member states back into line with
European values.
Gábor Halmai: The Core of Rule of Law in the
Member States of the EU
The paper aims to detect and define the core of
rule of law requirements defined in Article 2 TEU for the
Member States of the European Union, using Poland
and Hungary as key examples because they represent
a special threat to core European values. The paper
explores which elements of rule of law are essential in
order to determine that a country is still a functioning
constitutional democracy and considers the use of
Article 7 TEU and the precursor Rule of Law Framework
of the European Commission as potential solutions to
the problem of backsliding EU Member States.
14 TTIP – HOW TO RECLAIM
DEMOCRACY AND HUMAN RIGHTS?
International trade agreements have come under fire
for their impact on democracy and human rights. They
appear to circumvent domestic democratic processes
and human rights standards by transferring regulatory
power to the international level or by allowing tribunals
to second-guess domestic decisions. Also, they might
have distributive effects within participating states that
favor the rich over the poor. However, non-participation
in trade agreements does not necessarily seem to be
the better option for many states. It might threaten their
economic position and ultimately force them to adopt
standards created elsewhere. This panel explores the
challenges and discusses potential solutions.
Participants Robert Howse
Hélène Ruiz-Fabri
Alberto Alemanno
Matthias Goldmann
Name of Chair Ardevan Yaghoubi
Room BE2 140/142
Concurring panels 40
Robert Howse: The Democratic Legitimacy of ISDS
This paper will explore the impact of different models
of Investor-State Dispute Settlement on domestic
democracy. While an inter-state tribunal might enjoy
greater direct legitimacy, it needs to be seen whether
it would not open the gate for greater judicial autonomy
that would be detached from any effective international
legislature.
Hélène Ruiz-Fabri: ISDS and the Problem of
Forum Shopping
This paper will explore the potential for forum shopping
created by ISDS in trade agreements. Investors
might have a choice between domestic and international
means of judicial review. This constitutes a risk
to the legitimacy of such agreements as well as to the
systemic coherence of trade law.
Alberto Alemanno: Regulatory Cooperation:
Effectiveness and Legitimacy
This paper discusses the legitimacy of TTIP’s institutional
design, by focusing in particular on the operation
of the horizontal regulatory cooperation chapter
and its sectoral annexes.
Matthias Goldmann: Human Rights and TTIP
While it is well understood in theory that increased
trade is likely to generate aggregate welfare benefits,
in practice, the allocation of these benefits has been
highly unequal. In developed economies, international
trade agreements usually benefit companies
and tend to eliminate the jobs of low-skilled workers.
They might therefore endanger the latter’s enjoyment
of economic and social rights, which heavily depends