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 by the european commission team negotiating the trans-atlantic trade and investment partnership, arguing that, while not perfect, it offers si...

in state-investor dispute, investor tends that umbrella clause transfers all contractual claims to treaty claims. by contracts, state follows narrow interpretation of this clause. up to ilc articles, establishing of responsibility of state for breach of contract requires tow preconditions. first state is merely responsible when state condoct has been of governmental nature and second is that br...

We focus on investor-state dispute settlement provisions contained in various, though far from all, bilateral investment treaties as a possible determinant of BIT-related effects on bilateral FDI flows. Our estimation results prove to be sensitive to the specification of these provisions as well as the inclusion of transition countries in the sample. Stricter dispute settlement provisions do no...

In the midst of a legitimacy crisis in investor-State dispute settlement regime, COVID-19 syndemic may lead States to perfect storm as result enlargement national policy space order tackle health, social and economic impacts. Thus, this piece aims identify measures adopted by Latin American which be challenged foreign investors’ claims. It also addresses protection argues that roadmap for resha...