Ways and Means of Citizens' Participation in Trade and Investment Dispute Settlement Procedures

Abstract:     
The international settlement of trade and investment disputes plays an increasingly important role in our globalized and interconnected world. Arbitrations involving States or State entities involve issues of public interest not only in the outcome of the arbitration, but also in the arguments to be exchanged during the process. The subject matter of many trade and investment disputes affects the daily life of citizens, and many cases impact the cost of public services such as water, waste management, and electricity. Thus, the need to ensure transparency and public participation is particularly important in trade and investment disputes.

This paper identifies and discusses the transparency and public participation opportunities that should be provided at each stage of trade and investment dispute settlement proceedings to ensure that the public is appropriately informed and has an appropriate and meaningful opportunity to participate. It identifies the advantages and disadvantages of transparency and public participation in trade and investment dispute settlement procedures. The paper highlights the mechanisms currently incorporated into, and those that ought to be incorporated into various stages of trade and investment dispute settlement procedures in order to ensure transparency and opportunity for public participation. It concludes with a discussion on the additional steps to increase transparency, as well as the methods by which disadvantages of public participation can be minimized or eliminated.

Number of Pages in PDF File: 30

Keywords: International trade, Investment dispute, International settlement, Arbitration, Trade and investment, Transparency, Public participation, Dispute settlement

JEL Classification: F02, F10, F13, F14, F15, F21

working papers series