Investor-state dispute settlement

Kyla Tienhaara

    Research output: Chapter in Book/Report/Conference proceedingChapter

    Abstract

    This chapter examines the system of ISDS and its importance in global affairs. First, the basis for the system—a complex web or ‘spaghetti bowl’ (as it is sometimes called) of bilateral and regional investment agreements—is outlined. Second, the authority of arbitral tribunals, and how this authority has expanded over time, is discussed. The chapter then turns to the cost of investment arbitration for states, both in hard monetary terms and in terms of the unquantifiable costs of ‘regulatory chill’. Finally, the current backlash from some states against investment arbitration is examined. The chapter concludes that the future for ISDS is not bright, as, increasingly, even the traditional champions of the system (developed countries) are beginning to question its merit
    Original languageEnglish
    Title of host publicationRegulatory Theory: Foundations And Applications
    Editors Peter Drahos
    Place of PublicationCanberra, Australia
    PublisherANU ePress
    Pages675-691pp
    ISBN (Print)9781760461010
    DOIs
    Publication statusPublished - 2017

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