China’s Stance on Investor-State Dispute Settlement: Evolution, Challenges, and Reform Options

A Corporate Veto on Health Policy? Global Constitutionalism and Investor-State Dispute Settlement.

The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the conce...

The Outsized Costs of Investor–State Dispute Settlement [AIB Insights Vol 16 No 1 (2016 Q1)]

AIB Insights Vol. 16, No. 1 The negoTiaTion of several mega-TreaTies in 2015, including the Trans-Pacific Partnership (TPP), the Trans-Atlantic Trade and Investment Partnership (TTIP), the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and other regional agreements, has generated substantial public discussion about the protections and privileges afforded to multinational enterpris...

The Evolution of GATT/WTO Dispute Settlement

Despite debuting to little fanfare under the General Agreement on Tariffs and Trade (GATT), dispute settlement under the World Trade Organization (WTO) has been called the “backbone of the multilateral trading system.” Indeed, whereas GATT dispute settlement could scarcely have seemed more flawed, the WTO’s Dispute Settlement Understanding (DSU) is widely touted for boosting confidence in an in...

Modalities for investment protection and Investor-State Dispute Settlement (ISDS) in TTIP from a trade union perspective

Current Models of Investor State Dispute Settlement Are Bad for Health: The European Union Could Offer an Alternative

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, judge-led approach being advocated by the European Commission team negotiating the Trans-Atlantic Trade and Investment Partnership, arguing that, while not perfect, it offers s...