in state-investor dispute, investor tends that umbrella clause transfers all contractual claims to treaty claims. by contracts, state follows narrow interpretation of this clause. up to ilc articles, establishing of responsibility of state for breach of contract requires tow preconditions. first state is merely responsible when state condoct has been of governmental nature and second is that br...

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...

Abstract Mediation is an intensely discussed topic as a possibly promising venue for investor–State dispute settlement (ISDS) and conflict prevention. Given that mediation can be used within ‘cooling-off’ (amicable settlement) periods in International Investment Agreements, this article takes stock of those well explicit rules which are on the rise new IIAs. It draws lessons from small amount k...

Abstract Many investment treaties include investor-state dispute settlement (ISDS) provisions which are supposed to protect a foreign investor against opportunistic behavior of host country. This paper scrutinizes the optimal design ISDS that solve holdup problem. It shows an efficient protection mechanism requires arbitrator as established in treaties. However, this does neither have learn nor...

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/diplomat...

investor-state dispute settlement (isds) continues to plague health-oriented government regulation. this is particularly reflected in recent challenges to tobacco control measures through bilateral investment agreements. there are numerous reform proposals circulating within the public health community. however, i suggest that perhaps it is time for the community to explore a stronger position ...