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 ...

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 ...

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 ...

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...

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...

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...

Investor-state dispute settlement (ISDS) is a rapidly growing field of international law, due mainly to a proliferation of investment treaties among states that grant foreign investors the right to pursue binding arbitration against states for alleged violations of property rights. However, many have argued that poorer countries are systematically disadvantaged in arbitration since the costs of...

When parties bring claims under investor-state dispute settlement (“ISDS”) procedures, who should serve as decision-maker? Relevant ask the question in different settings and with criteria mind. A party a dispute, contemplating ISDS proceedings, whether by it or against it, likely will focus on qualities of particular individuals available to arbitrators. Party-appointed panelists charged appli...

The Belt and Road Initiative has the potential to update current investment dispute settlement mechanism established by China its partner countries. According practical contexts of region, this article evaluates trade-offs associated with existing, emerging, proposed mechanisms, including informal means, domestic courts, interstate ISDS (Investor-State Dispute Settlement), regional court intern...

International investment agreements have provoked intense criticism in the policy debate during recent years. Particularly contentious has been their “ISDS” mechanisms, which enable investors to bring disputes against host countries. This paper examines whether countries would be better off with state-state dispute settlement (SSDS), as often alleged, assuming that SSDS cause political/diplomat...