ISDS, Intellectual Property Rights and Public Health

Chapter in Rethinking Bilateral Investment Treaties: Critical Issues and Policy Choices, Kavaljit Singh and Burghard Ilge, eds., pp. 189-199 (2016)

Northeastern University School of Law Research Paper No. 282-2016

14 Pages Posted: 9 Dec 2016

See all articles by Brook K. Baker

Brook K. Baker

Northeastern University - School of Law

Katrina Geddes

New York University (NYU), School of Law

Date Written: 2016

Abstract

Investor-state dispute settlement (ISDS) provisions in bilateral investment treaties and other trade or investment treaties allow foreign investors to challenge, in a secretive tribunal of highly paid lawyers, any government action that interferes with investors’ ‘legitimate’ expectations of profit. The ISDS process, despite lacking the safeguards and transparency of domestic legal systems, has the potential to drastically affect the lives of millions of people, particularly when it affects national intellectual property policies or decisions concerning public health.

Keywords: Investor-state dispute settlement, ISDS

Suggested Citation

Baker, Brook K. and Geddes, Katrina, ISDS, Intellectual Property Rights and Public Health (2016). Chapter in Rethinking Bilateral Investment Treaties: Critical Issues and Policy Choices, Kavaljit Singh and Burghard Ilge, eds., pp. 189-199 (2016), Northeastern University School of Law Research Paper No. 282-2016, Available at SSRN: https://ssrn.com/abstract=2883169

Brook K. Baker (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Katrina Geddes

New York University (NYU), School of Law ( email )

New York, NY
United States

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