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- CETA, FTA, TTIP, ISDS, European Commission, investment, arbitration (1)
- Dispute resolution, ICSID, international investment arbitration, international law, Latin America, UNASUR (1)
- ISDS, CETA, TTIP, Germany, Ministry of Economic Affairs and Energy (1)
- ISDS, European Commission, reform, TTIP, CETA (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Notes On The German Economy And Energy Ministry's Proposal For Reformed Investor-State Dispute Settlement (Isds), Gus Van Harten
Notes On The German Economy And Energy Ministry's Proposal For Reformed Investor-State Dispute Settlement (Isds), Gus Van Harten
Osgoode Legal Studies Research Paper Series
These notes provide a general reaction to a proposal by the German economy and energy ministry for ISDS in a treaty between Europe and the U.S. Overall, the proposal takes only a minority of the steps needed to make ISDS independent, fair, open, subsidiary, and balanced. I suggest that the appropriate approach remains to reject ISDS in new treaties (especially among Western developed countries). The proposal would be a good starting point for replacing ISDS in existing treaties with developing or transition countries – but that is clearly not its purpose.
The Icsid Under Siege: Unasur And The Rise Of A Hybrid Regime For International Investment Arbitration, Kendall Grant
The Icsid Under Siege: Unasur And The Rise Of A Hybrid Regime For International Investment Arbitration, Kendall Grant
Osgoode Legal Studies Research Paper Series
The legitimacy and effectiveness of the International Centre for Settlement of Investment Disputes (ICSID) — a dispute resolution body established in 1966 under the auspices of the World Bank — is a matter of spirited debate. It has been argued by some that ICSID’s ideological and procedural bias impedes fairness and by others that its complexity and cost restrict access to justice; many contend that the absence of an appeal process has exacerbated uncertainty and unpredictability. In 2009, in the wake of rampant dissatisfaction and ideological challenge, especially on the part of Latin American states, Ecuador proposed the creation of …
Climate Change And Human Rights: How? Where? When?, Basil E. Ugochukwu
Climate Change And Human Rights: How? Where? When?, Basil E. Ugochukwu
Osgoode Legal Studies Research Paper Series
Climate change poses a threat to several internationally recognized human rights, including the rights to food, a livelihood, health, a healthy environment, access to water and the rights to work and to cultural life. Actions taken to mitigate and adapt to the adverse impacts of climate change have to be centred on human rights. In negotiations for a binding international climate change instrument, nation states have been called upon to fully respect human rights in all climate-related actions. As important as this demand is, there is also the need to describe and plan how human rights can be integrated into …
A Parade Of Reforms: The European Commission's Latest Proposal For Isds, Gus Van Harten
A Parade Of Reforms: The European Commission's Latest Proposal For Isds, Gus Van Harten
Osgoode Legal Studies Research Paper Series
The European Commission's most recent proposal for ISDS reflects a move away from essentially fake reforms to something potentially more meaningful. However, it is insufficient to satisfy the criteria of independence, fairness, openness, subsidiarity, and balance and does not appear reliable until backed by clear language and a negotiating red line for the proposed Canada-Europe CETA and any other agreement providing for ISDS.
The European Commission's Push To Consolidate And Expand Isds: An Assessment Of The Proposed Canada-Europe Ceta And Europe-Singapore Fta, Gus Van Harten
The European Commission's Push To Consolidate And Expand Isds: An Assessment Of The Proposed Canada-Europe Ceta And Europe-Singapore Fta, Gus Van Harten
Osgoode Legal Studies Research Paper Series
The purpose of this paper is to evaluate the European Commission’s approach to investor-state dispute settlement (ISDS) in the proposed CETA with Canada and FTA with Singapore. The text on ISDS in both agreements is evaluated according to general criteria of independence, fairness, openness, and balance. The main conclusion reached is that there is no significant difference between the CETA and FTA when it comes to ISDS. With the qualified exception of the criterion of openness, both agreements fall well short of satisfying the criteria. As such, neither agreement offers a significant improvement on the U.S. model of ISDS and, …