March 25, 2015
The debate on Investor State Dispute Settlement is heating up.
In the ongoing, heated debate over Investor State Dispute Settlement (ISDS), the issue of international investment law is often presented as a simple binary choice. Either you are for an international legal system of protection of foreign investment that includes direct complaints by investors against governments, and obligations such as “fair and equitable treatment”; or you are against such rules and would allow foreign investors to be subject to the whims of governments. Supporters believe such international rules are crucial to attract and protect foreign investment; critics allege that the rules will undermine domestic regulation. At first glance, the debate seems unresolvable.
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