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A Trinity Analytical Framework for ISDS Reform [PDF]

open access: yesAJIL 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   +2 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]

open access: yesInternational 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

ISDS Reform UNCITRAL: Implications For Indonesian Investment Policy

open access: yesLampung 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   +2 more sources

Analytical Note on ISDS Reform from a Knowledge Perspective

open access: yesTrento 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   +2 more
doaj   +2 more sources

The Legacy of Opinion 1/17: To What Extent Is the Autonomous EU Legal Order Open to New Generation ISDS?

open access: yesEuropean Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 645-673 | Article | (Table of Contents) I. Introduction. - II. EU and a reformed international investment order. - II.1. Post-Lisbon intra-EU developments and traditional
Arman Melikyan
doaj   +1 more source

Modernization of the Investor-State Dispute Settlement System: reform or revolution?

open access: yesМосковский журнал международного права, 2023
INTRODUCTION. The UN Commission on International Trade Law established Working Group III in 2017. Within the framework of this Working Group, States’ delegations and representatives of international governmental and non-governmental organizations seek to
I. M. Lifshits, A. V. Shatalova
doaj   +1 more source

International Investment Law in the Shadow of Populism: Between Redomestication and Liberalism Re‐Embedded

open access: yesPolitics and Governance, 2023
The international investment regime is in crisis, nowhere more so than in regard to the investor–state dispute settlement system. While several developing countries have been critical of the system for some time, rich countries like the US and EU states ...
Álvaro Santos
doaj   +1 more source

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

open access: yesPolitics 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 appearance of bias in international investment arbitrators and analysis of potential impediments to bias in the European Union’s proposal for a multilateral investment court

open access: yesAustralian and New Zealand Journal of European Studies, 2021
ESAANZ ESSAY PRIZE WINNER International investment arbitration is in a controversial state. While the systems put into place by various treaties allow an investor to protect their investments directly by initiating proceedings against a government ...
George Cadillac
doaj   +1 more source

Damages and ISDS Reform: Between Procedure and Substance

open access: yesJournal of International Dispute Settlement, 2021
Abstract Monetary damages is the ordinary remedy in investor-state dispute settlement (ISDS). As such, arbitral practice relating to damages has direct, practical relevance for states and investors. The size of damages awards is also amongst the core critiques of ISDS.
Jonathan Bonnitcha   +3 more
openaire   +2 more sources

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