This paper scrutinizes the effects of investor-state dispute settlements (ISDS) and national treatment provisions in a two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can mitigate the holdup problem and increases aggregate welfare, but comes with additional regulatory distortions for the first period. A national treatment prov...

Abstract Working Group III of the United Nations Commission on International Trade Law has embarked a mandate to reform investor-State dispute settlement (ISDS), through identifying set concerns that merit multilateral procedural reform. In response, EU proposed creating standing investment court. Despite importance justice theory in domestic legal systems, its value as resource international r...

The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the conce...

AIB Insights Vol. 16, No. 1 ConCerns ThaT inTernaTional invesTmenT agreements (IIAs) impact a government’s right to regulate and lead to “regulatory chill” have once again surfaced in the wake of the negotiations on the Pacific Rim’s Transpacific Partnership (TTP) and the US-EU Transatlantic Trade and Investment Partnership (TTIP). These concerns are not new and have persisted since NAFTA Chapt...

ABSTRACT This article responds to the growing risk of Investor–State Dispute Settlement (ISDS) claims arising from states’ measures mitigate climate change, such as fossil fuel phase-outs. It proposes a carve-out that would cover are adopted in good faith and have reasonable causal nexus with reducing stabilizing greenhouse gas emissions (e.g. ‘related to’ this aim). Depending on preferences, c...

Much has been written about the ongoing legitimacy crisis of global investment treaty regime and system investor-to-state dispute settlement (ISDS). In European Union (EU), proposed inclusion protection provisions ISDS in negotiations on Comprehensive Economic Trade Agreement (CETA) with Canada Transatlantic Investment Partnership (TTIP) United States triggered unprecedented levels contestation...

This paper provides a comprehensive analysis of existing legal frameworks and dispute settlement mechanisms for protecting investor rights in complex cross-border road construction projects while balancing wider public welfare concerns. It examines limitations current investor-state (ISDS) models arbitral practices prevalent bilateral investment treaties contracts. Through extensive review regu...

bottleneck in state courts and consequence resulting form it and the advantages which the disputes settlement has outside the court for governments and especially the parties to dispute led to increasing promotion of arbitration and use of new method of dispute settlement which are described as “alternative dispute resolution” (adr) are described. meanwhile, many of this method settle the dispu...

The corporate form is being distorted by international law. Surprisingly, this occurring in the law of foreign investment, where one would expect stability and efficiency formalities to matter most. main driver a highly enforceable mode treaty-based arbitration known as investor-state dispute settlement (ISDS), which affords investors private right action sue sovereign states. Questions come up...