scholarly journals Editorial: Opinion 2/13 – The End for Dispute Settlement in EU Trade and Investment Agreements?

2015 ◽  
pp. 379-388 ◽  
Author(s):  
Stephan W. Schill
Keyword(s):  
Dispute Settlement ◽  
Investment Agreements ◽  
Trade And Investment

scholarly journals Trade and Investment Agreements and the Global Politics of Health

2018 ◽  
pp. 425-444
Author(s):  
Chris Holden ◽  
Benjamin Hawkins
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
Global Politics ◽  
Political Actors ◽  
Political Processes ◽  
Regulatory Cooperation ◽  
The World ◽  
Investment Agreements ◽  
Trade And Investment

This chapter examines the politics of trade and investment agreements and how they interact with the politics of health at the global and domestic levels. The chapter first examines the operation of the World Trade Organization (WTO) and its implications for health, illustrating this with a WTO dispute between Indonesia and the United States involving the latter’s ban on flavoured cigarettes. It then examines aspects of the ‘next generation’ of trade and investment agreements that have particular implications for health policy, notably investor-state dispute settlement and regulatory cooperation. The analytical focus of this chapter is on political processes and political actors at the global and domestic levels that interact to produce trade policy and its impacts on health.

scholarly journals Legitimacy challenges of trade and investment agreements from a developing country’s perspective

2020 ◽  
pp. 95-108
Author(s):  
E. Ovuko-Opuco
Keyword(s):  
Developing Countries ◽  
Government Regulation ◽  
Dispute Settlement ◽  
International Investment ◽  
Regional Level ◽  
African Continent ◽  
Regulatory Bodies ◽  
Investment Agreements ◽  
Trade And Investment ◽  
Dispute Settlement Mechanisms

The article is devoted to the problems of government regulation and supremacy of law as well as situation of international investment regime in developing countries. The author explores problems of investment treaties and compares existing ways to protect investments on regional level in different countries. There is detailed overview of investor-state dispute settlement mechanisms. The issues are presented from the perspective of developing countries, in particular the African continent. The general conclusion is that for efficiency development of infrastructure by enhancing industries investments it is necessary to increase regional regulation as well as regionalization of regulatory bodies and agencies.

Procedural Innovations Related to Sustainable Development

2021 ◽  
pp. 248-264
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
Social Development ◽  
Public Participation ◽  
Policy Making ◽  
Dispute Settlement ◽  
Investment Policy ◽  
Participation Mechanisms ◽  
Investment Agreements ◽  
Trade And Investment ◽  
The Way

Research undertaken for the volume found that changes in the way that trade and investment agreements are negotiated, as well as sustainable development-related innovations contained in the procedural rules of the trade and investment treaties, from an interactional view, have implications for the way the treaty texts integrate for sustainable development. This chapter discusses four procedural innovations which are being used by Parties to identify potential environmental and sustainability impacts, and to consider innovative measures for inclusion in their trade and investment agreements. First, it considers impact assessments of trade and investment liberalization policies and draft treaties, focusing on the origins and scope of impact assessment processes, their mandates and methodologies, their role in integrating social and environmental issues into economic trade policy and how they could be improved. Second, it considers consultations between economic, environmental and social development authorities as a mechanism to secure more integrated and coherent trade and investment policy-making. Third, the chapter discusses transparency and public participation mechanisms, in agreement negotiations and the agreements themselves. Finally, it explores innovative dispute settlement provisions.

scholarly journals Regulatory Chill in a Warming World: The Threat to Climate Policy Posed by Investor-State Dispute Settlement

2017 ◽  
Vol 7 (2) ◽  
pp. 229-250 ◽  
Author(s):  
Kyla Tienhaara
Keyword(s):  
Climate Change ◽  
Dispute Settlement ◽  
Fossil Fuel ◽  
The Public ◽  
International Obligations ◽  
Fossil Fuel Industry ◽  
Warming World ◽  
Fuel Industry ◽  
Investment Agreements ◽  
Trade And Investment

AbstractThe system of investor-state dispute settlement (ISDS) found in over 3,000 bilateral investment treaties and numerous regional trade agreements has been criticized for interfering with the rights of sovereign states to regulate investment in the public interest, for example, to protect the environment and public health. This article argues that while much of the public debate around ISDS has focused on a small number of cases that have arisen over the regulation of tobacco packaging, there is a far greater threat posed by the potential use of ISDS by the fossil fuel industry to stall action on climate change. It is hypothesized that fossil fuel corporations will emulate a tactic employed by the tobacco industry – that of using ISDS to induce cross-border regulatory chill: the delay in policy uptake in jurisdictions outside the jurisdiction in which the ISDS claim is brought. Importantly, fossil fuel corporations do not have to win any ISDS cases for this strategy to be effective; they only have to be willing to launch them. The article concludes with three options to reform trade and investment agreements to better align them with climate change mitigation efforts: (i) exclude ISDS provisions; (ii) prohibit fossil fuel industries from accessing ISDS; or (iii) carve out all government measures taken in pursuit of international obligations (for example, under the Paris Agreement on climate change) from challenge under ISDS.

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