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reformed ISDS


What next for ISDS Reform at UNCITRAL Working Group III?
Meaningful reform aligned with sustainable development seems less likely
Expropriating democracy: on the right and legitimacy of not ratifying CETA
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?
Japan backs ISDS in fierce debate at Energy Charter Treaty review
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.
Sovereign rights to natural resources as a basis for denouncing international adjudication of investment disputes: A reflection on the Tanzanian approach
Tanzania’s reforms show that the claim that African states should regard ISDS mechanism as the preferred method for resolving investment disputes is not only very contested, but that there are legitimate grounds for those contestations.
Hegemony 101 in international investment law
The hegemon aspirants in international investment law have already, and perhaps unwittingly, revealed their three step manual: Disguise, dismiss, divert.
Australian government to review its Bilateral Investment Treaties
The Australian Federal Government has announced it is reviewing the bilateral investment treaties (BITs) to which Australia is a party.
The Covid-19 pandemic and liability under investment treaties
COVID-19 can increase liability for countries under international investment treaties. Developing countries face imminent challenges under such treaties.
Nigeria begins reforms of international investment agreements
Nigeria is undertaking series of reforms of the country’s bilateral investment treaties to attract responsible, inclusive, balanced and sustainable investments.
Investor-state dispute settlement in Africa and the AfCFTA Investment Protocol
With the growing concern over the traditional ISDS system, it is highly unlikely that the AfCFTA will include an ISDS mechanism giving investors access to go to international arbitration under conventional international tribunals.
PAW2020: The future of ISDS in Africa
African states need to take a unified and proactive approach to investor-state dispute settlement (ISDS), in order to make a system that is fairer to Africa and more consistent.
Revisiting BITs in the wake of Covid-19
Amidst the global risk of ISDS claims, it is incumbent to shed light on Bangladesh’s BIT structure and its feasibility to confront ISDS claims in the backdrop of Covid-19 regulatory space.
Morocco’s new model BIT: Innovative features and policy considerations
In the face of the increasing number of claims brought by investors against host states on the basis of BITs and the exorbitant amounts awarded to investors, Morocco has undertaken a review of its model BIT using a flexible and rational approach.
EU Commission launches public consultation on protection of intra-EU investment
The EU Commission has launched a public consultation calling for comments on its initiative to improve the protection of intra-EU investment. This initiative could lead to the adoption of new rules enhancing investors’ rights vis-à-vis EU Member States and to the creation of new enforcement mechanisms for investors within the EU.
EU plans to reform Energy Charter Treaty falling short, activists say
An updated European Commission proposal to reform the Energy Charter Treaty is falling short of what’s needed to reinstate governments’ “right to regulate” in areas like climate change, activists say.
Brazil India investment cooperation and facilitation treaty (2020)
This is Brazil’s 10th and India’s 4th bilateral investment agreement since both nations had adopted their Model Bilateral Investment Treaty.
Appeal in ISDS: Appealing for the host state?
The basis of a claim in ISDS is always the applicable international investment agreement. There would always be differences and inconsistencies with an appellate mechanism.
Letter from Africa CSOs and trade unions to African delegates at the UNCITRAL round
We civil society organizations and trade unions from the African continent express our concerns about the proposal presented by the European Union to establish a multilateral investment court and support further reaching reforms of ISDS.
ISDS reform: Designing permanent institutions at Working Group III
The UNCITRAL Working Group III turned squarely to designing permanent institutions: a standing appellate mechanism and a multilateral investment court (MIC).
The US drops ISDS
The US government used to be the chief proponent of strong investor protection clauses in international trade deals. No longer. What happened?
UNCITRAL Working Group III: Promoting alternatives to investor–state arbitration as ISDS reform
Several states participating in the UNCITRAL process have already adopted viable alternatives to ISDS.