ISDS Case Map
ISDS reform
Tweaked versions of the investor-state dispute settlement (ISDS) mechanism being proposed to avoid the most controversial aspects of regular forms of ISDS
The objective of the Observatory is to become a forum for the objective settlement of investment disputes with transnational corporations.
In the midst of various events, which sent shockwaves through the South African economy, the Protection of Investment Act was enacted on 15 December 2015.
The EU’s new investment court is no more consistent with fundamental rights than the previous investor-state dispute settlement system, according to a UN human rights expert.
New EU proposal will perpetuate investors’ attacks on health and environment.
Bilateral investment treaties have been a source of political controversy in recent years. This is clear from the alarming increase in the number of disputes between investors and governments.
Does the agreement reflect 21st century needs and standards?
The legality of investor–state dispute settlement (ISDS), including in the form of an Investment Court System (ICS), in EU trade agreements under EU law is a contentious issue among academics and legal experts.
This is one of the problems with this regime of investor rights. It confers enormous discretion on an elite corps of lawyers.
Corporations can still sue governments over public policy decisions they don't like but the real lesson from the ISDS reforms, in fact, is that public opposition and political mobilization can change things.
Despite all the talk of reform from commissioner Malmstroem, the threat to democratic decision-making is as alive and dangerous as ever.
