Current Models of Investor State Dispute Settlement Are Bad for Health: The European Union Could Offer an Alternative; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?” [PDF]
International Journal of Health Policy and Management, 2017 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
Martin McKee, David Stuckler
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Does Investor-State Dispute Settlement Discriminate Against Nationals? [PDF]
German Law Journal, 2020 This Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter
Christian Riffel
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Do international trade and investment agreements generate regulatory chill in public health policymaking? A case study of nutrition and alcohol policy in South Africa [PDF]
Globalization and Health, 2021 Background Trade and health scholars have raised concern that international trade and particularly investment disputes may be used by transnational health harmful commodity corporations (THCCs) to effectively generate public health regulatory chill.
Penelope Milsom +3 more
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Investor State Dispute Settlement [PDF]
Oñati Socio-Legal Series, 2018 This paper scrutinises the Investor-State Dispute Settlement (ISDS) mechanism, which allows foreign investors to sue host governments for any regulations that might directly or indirectly affect private investments. It gives investors rights over host-states – and local populations – in international arbitration tribunals.
Pablo Leandro Ciocchini, Stefanie Khoury
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COVID-19 and a Window of Opportunity: Guiding Principles for a Health-Promoting Trade Agenda [PDF]
International Journal of Health Policy and Management, 2022 Joshua S. Yang +3 more
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Back to sovereignty? Policy space in investor-State dispute settlement
Revista Brasileira de Política Internacional, 2022 The paper examines how investor-State dispute settlement mechanisms -included in international investment agreements- are able to condition national policy space, even when foreign investors question measures regarding human rights, public health, or ...
Magdalena Bas
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Groningen Journal of International Law, 2021 Both branches of international economic law – international investment and trade law are currently in crisis. Many reforms have been proposed to cure the shortcomings of their dispute resolution mechanisms.
Agata Zwolankiewicz
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Investor-State Dispute Settlement Mechanism: The Quest for a Workable Roadmap
Utrecht Journal of International and European Law, 2013 The last decade has witnessed an unprecedented increase in the use of investor-State arbitration, highlighting numerous shortcomings of the existing investor-State dispute settlement system.
Sachet Singh, Sooraj Sharma
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Deciphering the OIC Investment Agreement in Light of the Itisaluna v. Republic of Iraq Award
International Review of Law, 2022 Promulgated in 1981, the purpose of the Agreement on Promotion and Protection and Guarantee of Investments among Member States of the Organization of the Islamic Conference (nowadays the Organization of Islamic Cooperation) (the “OIC Investment ...
Ioannis Konstantinidis
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The Confidentiality and Transparency Debate Under Investor-State Mediation
Groningen Journal of International Law, 2022 As an important part of alternative dispute resolution, investor–state mediation is attracting increasing interest from the creators of investment treaties and institutional rules. Traditional mediation mechanisms are inherently confidential.
Fan Xiaoyo
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