Investor-State vs. State-State Dispute Settlement1

نویسندگان

چکیده

International investment agreements have provoked intense criticism in the policy debate during recent years. Particularly contentious has been their “ISDS” mechanisms, which enable investors to bring disputes against host countries. This paper examines whether countries would be better off with state-state dispute settlement (SSDS), as often alleged, assuming that SSDS cause political/diplomatic arbitration costs are not present ISDS. Two separate reasons why might benefit from identified, but neither provides a convincing argument for move SSDS. The concludes should reduce stringency of agreements, rather than introduce imperfections systems bite.?

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ژورنال

عنوان ژورنال: Social Science Research Network

سال: 2022

ISSN: ['1556-5068']

DOI: https://doi.org/10.2139/ssrn.4057013