A Turning of the Tide against ISDS?

Date

2017-05-19

Authors

Roberts, Anthea

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Abstract

The Court of Justice for the European Union fired a significant shot at investor-state dispute settlement (ISDS) this week, and the result is likely to be much more than just a flesh wound. In deciding that the European Union did not have exclusive competence to enter into agreements including ISDS clauses, the Court made it significantly more likely that the EU would jettison these clauses from its Free Trade Agreements (FTAs) and seek to conclude separate, parallel agreements dealing with dispute resolution. Along with a series of other developments, this may mark a turning of the tide against the inclusion of ISDS clauses in trade and investment agreements.

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Source

EJIL:Talk! Blog of the European Journal of International Law

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Newspaper/magazine article

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Access Statement

Open Access via publisher website

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DOI

Restricted until

2099-12-31