investor-state disputes | ISDS


Paris and Berlin call for review of EU-Canada trade deal
Trade negotiations between the EU and Canada concluded in October 2013, but France and Germany now want to make changes to the CETA agreement’s investor-state dispute settlement (ISDS) clause.
“Investment arbitration is now on Broadway, and the critics are not being kind”
There is a developing consensus among states that it is acceptable, and even virtuous, to challenge investor-state arbitration as an infringement on the rights of the public to pass laws through their democratically-elected representatives.
Human rights in investor-State arbitration: The human right to water and beyond
This article analyzes the restrictive approach adopted by investor-State arbitration tribunals to human rights arguments raised by host States, as exemplified in the case of the human right to water
New weaknesses: Despite a major win, arbitration decisions in 2014 increase the US’s future exposure to litigation and liability
In 2014, the US again emerged the winner in investor-state arbitration. But it did suffer losses on a number of important issues, and those losses leave it more vulnerable to future claims, litigation costs, and potential liability.
European Commission's clever ruse to introduce corporate sovereignty regardless of ratification votes in EU
Even if CETA is rejected in Europe, claims under the ISDS chapter would still be possible up to three years afterwards for investments made during the provisional period.
Chevron's battered image over Ecuador ecological disaster takes another hit in Davos
Oil giant wins "lifetime achievement" award for efforts to evade justice
UK aims to pass law to ban branding on cigarette packs before May
Cigarette sales have dropped in Australia since plain packaging was introduced on Dec. 1, 2012, prompting Britain to act before its national election in May even as Australia battles international legal challenges from other countries and manufacturers.
India and bilateral investment treaties – are they worth it?
Instead of relying only on a treaty-based approach, India should initiate domestic policy reforms to attract and protect foreign investments, argues Kavaljit Singh
Why UK parliament should scrutinise the UK-Ethiopia bilateral investment treaty (BIT)
If TTIP is bad, the UK-Ethiopia BIT is worse, says Lorenzo Cotula of IIED
Licensed to grab: How international investment rules undermine agrarian justice
This brief analyses and illustrates how international investment rules thwart the struggle for land and food sovereignty.