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(should it ever be signed and ratified) would not be a barrier since the definition of “covered investment” includes an investment “whether made before or after the entry into force of this Agreement.” Id . Thus the definition of a covered investment would be retrospective and cover all the contentious trade disputes extant at the time of the signing of TTIP (not only the neonics dispute but other, more long-standing ones such as the beef hormones and GMOs disputes). Supra notes 103 & 104. An “investment” is defined in the TTIP draft investment protection section as

Constitution and the decision-making rule for the Council of Ministers of the EU - Looking for alternative solution’, European Integration online Papers (EIoP), VIII(12): 1-13. · Pollack, Mark A. and Shaffer Gregory C., 2008, ‘Risk regulation, GMOs and the limits of deliberation’ in Naurin Daniel & Hellen Wallace (eds), Unveiling the Council of the European Union. Games governments play in Brussels, Palgrave Macmillan, Basingstoke, 144-164. · Protocol (No 36) on Transitional Provisions, OJ 2012, C 326. · Regulation (EU) No 1260/2013 of the European Parliament and of the