TTIP (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
· 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 Council of 20 November 2013 on European demographic statistics, OJ 2012, L 330.
· Roberts Geoffrey