Emerging Trends in Investor-State Dispute Settlement in New Free Trade Agreements

被引:0
|
作者
Ranjan, Prabhash [1 ]
机构
[1] O P Jindal Global Univ, Jindal Global Law Sch, Delhi NCR, Sonipat, India
来源
GLOBAL TRADE AND CUSTOMS JOURNAL | 2022年 / 17卷 / 7-8期
关键词
ISDS; FTAs; investment treaties; RCEP; CPTPP; investor-State dispute settlement; COURT SYSTEM; TREATIES; ISDS;
D O I
暂无
中图分类号
D81 [国际关系];
学科分类号
030207 ;
摘要
The Investor-State dispute settlement (ISDS) mechanism is going through a churning. Several countries, developed and developing, have started contesting the ISDS regime. This is reflected in the treaty practice of these countries. This article studies some of the recently signed free trade agreements (FTAs) that contain an investment chapter to find out if there are broad discernible trends in the treaty practice of countries on ISDS reflected in these FTAs. The article argues that there are three broad trends that one can decipher. First, some FTAs do not contain an ISDS provision. Second, some contain a limited ISDS provision. Third, the FTAs signed by the European Union shows a departure from the traditional ISDS mechanism toward an investor court system to settle international investment law disputes. These trends in FTAs on ISDS are part of the global practice that is not reposing the similar faith in ISDS as was the case in the last few decades.
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页码:332 / 337
页数:6
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