Investor-State Dispute Settlement Mechanisms: Challenges and Reforms

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Summary of the Work:

The investor-state dispute settlement mechanisms (ISDS) that are included in international investment agreements come with many challenges, including threats to national sovereignty, the inconsistent nature of arbitration awards and interpretations, the chilling effect, the lack of transparency, and the lack of responsibility required of foreign companies. Proposals have been put forth to reform the current system, create a new system or to eliminate ISDS altogether. Considering Dani Rodrik’s model of the political trilemma of the world economy and prioritizing both national self-determination and democracy, the conclusion is to pursue thin globalization by eliminating ISDS altogether.

Context:

  • Year written: 2019
  • University: Sciences Po (IEP)’s Paris School of International Affairs
  • Course: Managing Globalization: A Critical Look at International Organizations
  • Professor: Xavier Leflaive, Head of the Water Team at the OECD’s Environment Directorate
  • Authors: Tammy Sas-Mayaux, Astrid Olesen and Xiaotong Yang
  • Assignment: Write a 3000-word essay on a policy topic, describing the ways international organizations currently work in this policy area, outlining challenges and limitations, and offering potential solutions to those challenges.

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