Investor-state dispute settlement: An anachronism whose time has gone


JPEG - 80 kb  Council on Economic Policies | 24 September 2018

Investor-state dispute settlement: An anachronism whose time has gone

Investor-State Dispute Settlement (ISDS) – a mechanism that allows foreign investors to bring claims against host governments to an international arbitral tribunal – is a postcolonial relic that should be abolished. Its alleged benefits have not materialized and its costs – monetary and other – can represent a formidable obstacle to good economic governance. We recommend policymakers to terminate ISDS provisions in existing agreements and eschew them in future trade and investment treaties.

Read the policy brief (pdf)

RCEP countries open to easing investment rules, agree to ease ISDS clauses

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Business Standard | 10 September 2018

RCEP countries open to easing investment rules, agree to ease ISDS clauses

by Subhayan Chakraborty

Despite treading diametrically opposite paths on tariffs and market access, India and China, along with other nations, have hit it off on talks regarding investment norms in the proposed Regional Comprehensive Economic Partnership (RCEP) pact.

In a bid to fast-track the deal, most nations have agreed to ease the investor-state-dispute settlement (ISDS) clauses.

These refer to a broad range of legal and policy norms regulating the process by which an investing private entity from another nation may seek legal recourse in the event of a dispute with the state.

The RCEP is a proposed pact between 10 Asean economies and six other nations (New Zealand, Australia, China, India, Japan and South Korea). So far, 23 rounds of talks have concluded, apart from six minister-level meets. Tiếp tục đọc “RCEP countries open to easing investment rules, agree to ease ISDS clauses”

Investment protection in EU Vietnam FTA


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Vietnam Briefing | 24 August 2018

Investment protection in EU Vietnam FTA

by Koushan Das

Vietnam and the EU recently completed the legal review of their EU Vietnam Free Trade Agreement (EVFTA). The agreement will now be translated into 22 EU official languages and sent to the European Parliament for final approval. Along with the FTA, EU and Vietnam has also concluded their discussions on an Investment Protection Agreement (IPA), which they decided to keep it separate from the FTA. The IPA, which is currently undergoing a legal review, aims to protect investors and investments in EU and Vietnam. Tiếp tục đọc “Investment protection in EU Vietnam FTA”

What is investor-state dispute settlement (ISDS)?

Chuỗi bài liên hệ: Những bí mật về một tòa án siêu toàn cầu
ISDS is a mechanism included in many trade and investment agreements to settle disputes. Settling these investor disputes relies on arbitration rather than public courts. Under agreements which include ISDS mechanisms, a company from one signatory state investing in another signatory state can argue that new laws or regulations could negatively affect its expected profits or investment potential, and seek compensation in a binding arbitration tribunal. Corporations typically seek compensation which may amount to millions or billions of US dollars.

The system only provides for foreign companies to sue states, not the other way around. Tiếp tục đọc “What is investor-state dispute settlement (ISDS)?”

Canada strips Myanmar’s Aung San Suu Kyi of honorary citizenship


Canadian lawmakers vote unanimously to revoke symbolic honour from Myanmar leader over her handling of Rohingya crisis.