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
Bangladesh as a capital importing country must tailor the four core provisions of BITs namely – fair and equitable treatment; expropriation; non-precluded measures; and monetary transfer provisions to safeguard its regulatory power as host state.
Individuals who have not spent their careers within the field of investment arbitration (and are perceived as ‘outsiders’ by those within that field) have developed more disruptive reform proposals while arbitral insiders have typically proposed sustaining reforms.
There are two sticking points in the negotiations of the Pakistan-Hungary BIT: one is “Expropriation” and the other is “Subrogation”.
The report suggests that progress on IIA reform is critical to enable countries to address the challenges of climate change.
In Pakistan, the provincial assemblies will pass special resolutions, and the parliament will provide constitutional cover to a new binding document — Foreign Investment (Promotion and Protection) Act (FIPPA), 2022.
A new model for international investment governance needs to be developed, in order to fill the significant gap between the investment system on the one hand and effective protection of labour rights and the environment on the other.
In WGIII, states will need to prioritize the reforms that have the most impact in addressing their key concerns with the ISDS system.
A wholly new international investment regime designed with climate and other global goals in mind could be used as a tool to accelerate the investments needed to address the climate crisis.
It seems that finding ways to cope with a potentially overwhelming reforms-to-develop list and finding compromises will become increasingly important.
