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...

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. there are numerous reform proposals circulating within the public health community. however, i suggest that perhaps it is time for the community to explore a stronger position ...

Abstract Mediation is an intensely discussed topic as a possibly promising venue for investor–State dispute settlement (ISDS) and conflict prevention. Given that mediation can be used within ‘cooling-off’ (amicable settlement) periods in International Investment Agreements, this article takes stock of those well explicit rules which are on the rise new IIAs. It draws lessons from small amount k...

Abstract Many investment treaties include investor-state dispute settlement (ISDS) provisions which are supposed to protect a foreign investor against opportunistic behavior of host country. This paper scrutinizes the optimal design ISDS that solve holdup problem. It shows an efficient protection mechanism requires arbitrator as established in treaties. However, this does neither have learn nor...

This paper shows that investor-state dispute settlements (ISDS) make multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge potential compensation an ISDS provision may offer. While a larger investment reduces market distortion, it will also compensations larger. Consequently, foreign investor do not imply zero-sum game. decrease domestic welfare, in...