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Legal Remedies Commons

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Organizations Law

Brooklyn Law School

Journal

Investor-State Dispute Settlement; ISDS; International Investment; Corporations; Investment; Foreign Investment; Investment Disputes of the World Bank; ICSID; United Nations Commission on International Trade Law; UNCITRAL; Arbitration; International Arbitration; Investment Treaties; Bilateral Investment Treaties; BITs; Expropriation; Minimum Standards; National Treatment; Trans-Pacific Partnership; TTP; Transatlantic Trade and Investment Partnership; TTIP; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Trade Agreements; Phillips Morris v. Uruguay; European Union; Investor Court System; 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; ICSID Convention; Comprehensive Economic and Trade Agreement; CETA

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Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski Jun 2018

Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski

Brooklyn Journal of International Law

As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …