Results 1 to 10 of about 1,118,831 (219)

A Trinity Analytical Framework for ISDS Reform [PDF]

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   +3 more sources

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   +3 more sources

Is It Time to Say Farewell to the ISDS System?; Comment on “The Trans-Pacific Partnership: Is It Everything We Feared for Health?” [PDF]

International Journal of Health Policy and Management, 2017
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.
Raphael Lencucha
doaj   +2 more sources

International commercial arbitration law and practice in Bosnia and Herzegovina: Lessons from investor-state dispute settlement (ISDS) reform [PDF]

Strani pravni život
International arbitration, both commercial and investment, is generating increasing interest and practice in Bosnia and Herzegovina (BiH), as well as more generally in the Western Balkans region.
Brodlija Fahira
doaj   +2 more sources

International Investment Law and Climate Change: Reframing the ISDS Reform Agenda

The Journal of World Investment & Trade, 2023
Abstract Ongoing investment law reform processes take the investment treaty system as the starting point. While this can generate actionable reform options, it also entrenches ‘path dependency’ and forecloses space for more foundational questions. This article argues that, in the context of climate change, effective reform requires re-embedding debates
L. Cotula
openaire   +2 more sources

UNCITRAL and ISDS Reform: Visualising a Flexible Framework [PDF]

SSRN Electronic Journal, 2019
In UNCITRAL, states have broken through the impasse of the incrementalist and systemic reformer camps. They have all agreed that they want to pursue systemic reform, but they have different ideas about what that entails and what to prioritise. In broad terms, agreement seems to be coalescing around three main blocks of reforms: updating some of the ...
Anthea Roberts, Taylor St John
openaire   +2 more sources

Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform

Michigan Journal of International Law, 2022
When parties bring claims under investor-state dispute settlement (“ISDS”) procedures, who should serve as decision-maker? Relevant parties ask the question in different settings and with different criteria in mind. A party in a dispute, contemplating ISDS proceedings, whether by it or against it, likely will focus on the qualities of particular ...
Thomas Grant, F. Kieff
openaire   +3 more sources

Analytical Note on ISDS Reform from a Knowledge Perspective

Trento Student Law Review, 2020
The effectiveness, fairness and legitimacy of the Investor-State Dispute Settlement (ISDS) mechanism is the hallmark of a trust-based and justice-oriented legal framework for international investments.
Kartikeya Dwivedi, Amika Bawa, Prannv Dhawan   +2 more
doaj   +2 more sources

Mismatched commitments: treaty law solutions for multilateral ISDS reform

Journal of International Economic Law
Abstract Calls to reform the system of investor–State dispute settlement (ISDS) have progressed to the multilateral negotiation of several treaties within UNCITRAL Working Group III. This article analyses the risk of mismatched commitments under the draft Multilateral Instrument on ISDS Reform (MIIR), which would serve as the delivery
Daniel Peat, Oliver Hailes, Chunlei Zhao
openaire   +2 more sources

The Elephant in a Dark Room? Russia and the ISDS Reform [PDF]

China and WTO Review, 2020
The calls for reform of investment treaty regime are neither novel nor entirely unexpected. And the need for that reform has recently reached its pitiful nadir where the UNCITRAL Working Group III gathered for its first meeting in Vienna back in November-December 2017 to discuss states’ concerns about investor-state dispute settlement. States’ concerns
Dmitry K. Labin, Alena V. Soloveva
openaire   +2 more sources