New book discusses the way forward for Investor-State dispute settlement
“The debate on Investor-State dispute settlement (ISDS) reform needs to continue if we as a global community want to move forward”, says the SCC Secretary General Annette Magnusson in the foreword in a new book analysing and discussing various proposals and reforms.
The upcoming release of “The Investor-State Dispute Settlement System Reform, Replace or Status Quo? “, edited by Alan M. Anderson and Ben Beaumont, seeks to contribute to the discussions and debates on the way forward for Investor-State dispute settlement.
The book analyses and considers various proposals and reforms, some of which are under consideration by UNCITRAL’s Working Group III. It also addresses how different geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement.
In the Foreword, Annette Magnusson provides background and perspective to the discussion and emphasizes both challenges and opportunities in the future development of the system: “There is one question we must not forget to ask: could investment treaty arbitration be ‘a force for good’ ‒ used to motivate a change of state behavior to tackle some of our greatest challenges, including climate change? Could ISDS reform potentially pave the way? With global principles for dispute resolution and future investment agreements on the table, adding the perspective of sustainable development could be a tremendous opportunity for governments to contribute to ‒ for example ‒ climate change efforts in a truly meaningful way.
The book will be released on December 30th but is available for pre-publication purchase.