investor-state disputes | ISDS


RCEP: India to propose mechanism to resolve non-tariff measures
India is set to propose a non-legal and non-adversarial mechanism to resolve trade-impeding non-tariff measures among the 16 Regional Comprehensive Economic Partnership (RCEP) countries.
Will the TPP set back this campaign to stop a proposed coal mine on Montana tribal land?
The TPP makes the rights of companies sacrosanct, and that includes the right to mine. But what about the rights of people who live in the way of proposed mining sites?
ANALYSIS: In final version of its new model investment treaty, India dials back ambition of earlier proposals – but still favors some big changes
Following the release in April of 2015 of a draft model investment treaty, the government of India unveiled a final version of its proposed negotiating text.
Australia tobacco clash reverberates in EU trade talks
The inclusion of an ISDS in an EU agreement could raise the likelihood of such cases being brought against all kinds of public interest and health protecting policies in the future.
Resolute Forest Products sues for $70M over Port Hawkesbury aid
NAFTA action comes after closure of Laurentide mill blamed on Nova Scotian mill.
Foreign Direct Investment: myths and realities
There is no clear evidence that bilateral investment treaties have a strong impact on the direction of FDI inflows.
American mining giant escaped Indonesian law with ISDS
American mining corporation Newmont escaped the domestic processing requirement from Indonesia’s 2009 Mining Law. It achieved this by using a clause in a Dutch investment treaty.
French firm attacks Ugandan tax using ISDS
The heavily criticized legal mechanism, known as ISDS, is an important tool for European companies to pressurize developing countries. This year Uganda joins the rank of developing nations asking themselves: “Why have we ever signed this?”
American mining giant escaped Indonesian law with ISDS
American mining corporation Newmont escaped the domestic processing requirement from Indonesia’s 2009 Mining Law. It achieved this by using a clause in a Dutch investment treaty.
TWN: Common claims about TPPA investment chapter, ISDS – a rebuttal
Claims of the much-touted supposed ‘benefits’ of the investor-state dispute settlement mechanism are not really what they seem.