investor-state disputes | ISDS


ISDS: courting foreign investors
Why the Commission’s proposal for an “Investment Court System” still fails to address the key problems of foreign investors’ privileges
EU ratification process of FTA with South Korea done and dusted
The European Commission intends to announce in mid October its plans to revise the deal in order to add the missing investment protection chapter to it.
TPP deal includes tobacco carveout, teeing up fight with congress
Trans-Pacific Partnership (TPP) countries have agreed on language that will allow members to exclude tobacco control measures from the scope of investor-state dispute settlement.
Yukos: the saga continues
The bankruptcy of oil and gas giant Yukos led to multiple proceedings against the Russian state and some enormous awards.
TPP carve out for tobacco shows core flaws in investor-state dispute settlement (ISDS)
The new exception validates, rather than assuages, the concerns of those who have been criticizing ISDS systems for many years. Without express carve outs, ISDS provisions do threaten common health and safety regulations.
Foreign direct investment, investment agreements and economic development: myths and realities
Foreign direct investment (FDI) is one of the most ambiguous and the least understood concepts in international economics. Common debate on FDI is confounded by several myths regarding its nature and impact.
US pushes anti-tobacco compromise in Pacific trade deal
Governments will be allowed to block tobacco companies from suing over anti-smoking measures under a US proposal being considered by Pacific trading partners as part of Trans-Pacific Partnership trade deal.
A need for preventive investment protection?
There is an obvious need at the investors’ side for a mechanism making it possible to prevent the threatened violation of their investment. It is fair to say that where the violation of the investment is still only potential, notifying the dispute should be the primary tool for investment protection.
Selling Canada out, one deal at a time
What little we know about the Harper government's many international trade deals is cause for grave concern.
No longer a fair game?
What are the next steps for investment protection in South Africa, as the country draws up new legislation governing foreign direct investment following the termination of a number of bilateral investment treaties?