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 working papers focus on an appellate mechanism and enforcement issues and the selection and appointment of ISDS tribunal members.
Prime Minister Imran Khan has approved the formation of a working group of experts for reforming Pakistan’s international investment regime.
The problem with the ISDS is not the format of the dispute settlement. The problem is that it is designed to give corporations power to go after government policies.
Meaningful reform aligned with sustainable development seems less likely
Why retain ISDS, this neo-colonial vestige that is not supported by consistent evidence that it contributes to advancing development or the rule of law?
Does moving online mean more governments and more officials participate? Or does it lessen the prestige and priority of the negotiations, leading to less engagement by key officials?
Tanzania has enacted significant changes to the legislation governing foreign investment in natural resources with the aim of ridding the sector of the vestiges of “colonial” relationships.
Effective and holistic reform must go beyond procedural matters and cover substantive matters in order to rebalance the system and address recurring concerns that threaten the legitimacy of the ISDS system.
By acknowledging the procedural and substantive weaknesses of ISDS, this article will touch upon proposals for reform.
A written submission from Japan published by the ECT secretariat rejected language on the “right to regulate” and changes to the investor-state dispute resolution mechanism.
