investor-state disputes | ISDS


Civil society recommendations for the investment chapter of the revised EU-Mexico FTA
The undersigned organisations take the position that it is advisable to break away from the fundamentally flawed and increasingly controversial ISDS system.
The EU - Indonesia CEPA negotiations
We call on the EU and Indonesia to use the CEPA negotiations to design an investment chapter that prioritises equitable and sustainable development.
Sacrificing sovereignty and human potential in the name of economic growth
Why are countries so gripped in their quest for economic growth that they are empowering multinational corporations at the expense of their citizens?
New dawn for South African arbitration
South Africa’s new arbitration law came into force at the end of 2017. Now lawyers and clients alike will have to see if it lives up to its promises.
Golf lawsuit threatens to shut down Friends of the Earth Croatia
In September 2017, the investor filed a €500 million ISDS claim against the Republic of Croatia at an arbitration tribunal because the "state [had taken] away their development licences"
Investor-State Dispute Settlement: What are we trying to achieve? Does ISDS get us there?
Evidence suggests that the inclusion of ISDS in investment treaties may not actually be effective, or optimally effective, while at the same time, ISDS imposes significant costs on the sustainable development objectives of states.
US$22.6 billion of assets of Kazakhstan's national fund remains frozen
Frozen assets secure a US$520 million award against Republic of Kazakhstan.
South Korea to seek investor protection measures in FTA talks with China
South Korea's trade ministry said Monday it will seek ways to better protect investor rights from arbitrary regulations when holding talks with China to expand the scope of the two countries' free trade agreement (FTA) to the service and investment sector.
The emerging global right to investment: Understanding the reasoning behind foreign investor rights
Relying on property and contract law theory, this article shows that the arbitral interpretation of foreign investor rights privileges wealth maximization over propriety.
UNCTAD's World Investment Reports 1991-2015: 25 years of narratives justifying and balancing foreign investor rights
These reports describe foreign investor rights following a narrative of wealth maximisation by transnational corporations (TNCs), and focus on a TNC-assisted restructuring of host states and local communities.