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Does Investor-State Dispute Settlement Discriminate Against Nationals?

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
doaj   +1 more source

A Trinity Analytical Framework for ISDS Reform

AJIL Unbound, 2018
The American Journal of International Law’s recent articles on the reform of investor-state dispute settlement (ISDS) make important contributions to ongoing debates.
Wenhua Shan, Yunya Feng
doaj   +1 more source

‘Authority Shifts’ in Global Governance: Intersecting Politicizations and the Reform of Investor–State Arbitration

Politics and Governance, 2020
The global investment regime is a prime example of the so-called ‘politicization beyond the state.’ Investment agreements with an Investor–State Dispute Settlement (ISDS) mechanism have become contested in several corners of the globe, triggering a ...
Anna Herranz-Surrallés
doaj   +1 more source

The International Court System: A Solution to the Crisis in Investor-State Arbitration?

Potchefstroom Electronic Law Journal
Most known investor-state disputes are referred to a form of international arbitration known as investor-state arbitration (ISA) or investor-state dispute settlement (ISDS).
Tinyiko Lawrence Ngobeni
doaj   +1 more source

Zukunftsfähiger internationaler Rechtsrahmen für Investitionen in Afrika

Recht in Afrika, 2020
The future of sustainable development in Africa and for its growing population will depend on investments which might come mostly from abroad attracted by a favourable investment climate (or ecosystem).
Ludwig Gramlich
doaj   +1 more source

Absence of and options for investor-state dispute settlement mechanisms in regional comprehensive economic partnership agreements

, 2023
The RCEP dispute settlement mechanism lacks an investor-state dispute settlement mechanism, which will result in the limitation of low level of entity protection in the field of investment.The Regional Comprehensive Economic Partnership Agreement (RCEP ...
Khan, Hanna Ambaras, Ab Rahman, Suhaimi, Chen, Zhengrong   +2 more
core   +1 more source

The Investor-State Dispute Settlement (ISDS) Debate: Do Savings Provisions Influence Arbitration Outcomes? [PDF]

, 2020
Investor-State Dispute Settlement (ISDS), an instrument of international trade and investment law, today leads perceptions regarding the integrity of international dispute resolution and its administration.
Moore, Ryan Manning
core   +1 more source

ISDS Reform UNCITRAL: Implications For Indonesian Investment Policy

Lampung Journal of International Law
The United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) has been meeting intensively to formulate comprehensive reforms to Investor-State Dispute Settlement (ISDS) based on emerging criticisms.
Garuda Wiko, Fatma Muthia Kinanti
doaj   +1 more source

International commitments on climate‐friendly investment liberalisation: A green straitjacket?

Review of European, Comparative &International Environmental Law, EarlyView.
Abstract Meeting the objectives of the Paris Agreement will require considerable capital mobilisation. International investment agreements (IIAs) govern and promote financial flows. However, their alignment with international climate objectives has, thus far, either been non‐existent or insufficient.
Stefanie Schacherer
wiley   +1 more source