February 2017

Investor-State Dispute Settlement under Investment Treaties and Free Trade Agreements: ad hoc Arbitration or Investment Court System?

ad hoc investor-State arbitration with a permanent, multilateral investment court.
Investor-State dispute settlement (“ISDS”) has come a long way from its foundations in the mid-Eighteenth Century, when the idea of State responsibility for injury to aliens and their property began to emerge. This once esoteric area of international practice is now undergoing a period of re-evaluation, for the first time under intense public scrutiny. A particular focus is on the form that ISDS should take in future trade and investment treaties, with the European Commission and Canadian Government advocating the replacement of the prevailing system of 
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