Winning and Losing in Investor-State Dispute Settlement

American Business Law Journal, Vol. 56, No. 1, 2019

61 Pages Posted: 31 Aug 2018 Last revised: 3 Mar 2019

See all articles by Tim Samples

Tim Samples

University of Georgia - Terry College of Business

Date Written: July 29, 2018

Abstract

As tensions between investors’ rights and sovereign power escalate, investor-state dispute settlement has become a focal point of backlash and controversy. As a result, ISDS now embodies two opposing currents in international law: (i) the erosion of sovereignty that accompanied economic globalization, trade frameworks, and investment treaties following the Second World War and (ii) more recently, reassertions of sovereignty prompted by recent backlashes against the global economic order. This Article measures and evaluates outcomes of the ISDS system for sovereign participants. Using the best available data, this Article contributes more detailed assessments of sovereign winners (home states of claimants) and sovereign losers (respondent states) in the ISDS system. This Article also considers the distribution and the proportional impact of outcomes for sovereign participants, both of which are fundamental in the legitimacy debates surrounding the ISDS system.

Keywords: Investor-State Disputes, Arbitration, Investment Law, International Law

Suggested Citation

Samples, Tim, Winning and Losing in Investor-State Dispute Settlement (July 29, 2018). American Business Law Journal, Vol. 56, No. 1, 2019. Available at SSRN: https://ssrn.com/abstract=3233704

Tim Samples (Contact Author)

University of Georgia - Terry College of Business ( email )

A425 Moore-Rooker Hall
Athens, GA GA 30602-6269
United States

HOME PAGE: http://www.terry.uga.edu/directory/profile/tsamples/

Register to save articles to
your library

Register

Paper statistics

Downloads
72
Abstract Views
409
rank
324,550
PlumX Metrics