This paper shows that investor-state dispute settlements (ISDS) make multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge potential compensation an ISDS provision may offer. While a larger investment reduces market distortion, it will also compensations larger. Consequently, foreign investor do not imply zero-sum game. decrease domestic welfare, in...

in this commentary, we endorse concerns about the health impact of the trans-pacific partnership (tpp), paying particular attention to its mechanisms for investor state dispute settlement. we then describe the different, judgeled approach being advocated by the european commission team negotiating the trans-atlantic trade and investment partnership, arguing that, while not perfect, it offers si...

Most investment treaties contain two dispute resolution clauses: one permitting investor-state arbitration for investment disputes and the other permitting state-to-state arbitration for disputes concerning the treaty’s interpretation and/or application. Despite this duality, the potential role of state-to-state arbitration, and its proper relationship with investor-state arbitration, have larg...

the respect of property has recognized by the grate legal systems. despite of the recognition of this rule, there are some exceptions. expropriation, nationalization, confiscation and requisition are exceptions of the respect which cause the disputes in foreign investment. however national and international authorities, have different argumentations in ether violations of the respect to determi...

We focus on investor-state dispute settlement provisions contained in various, though far from all, bilateral investment treaties as a possible determinant of BIT-related effects on bilateral FDI flows. Our estimation results prove to be sensitive to the specification of these provisions as well as the inclusion of transition countries in the sample. Stricter dispute settlement provisions do no...

In this commentary, we endorse concerns about the health impact of the trans-pacific partnership (TPP), paying particular attention to its mechanisms for investor state dispute settlement. We then describe the different, judge-led approach being advocated by the European Commission team negotiating the Trans-Atlantic Trade and Investment Partnership, arguing that, while not perfect, it offers s...