Phase 2 of the UNCITRAL ISDS Review: Why ‘Other Matters’ Really Matter

15 Pages Posted: 6 Feb 2019 Last revised: 10 Feb 2019

See all articles by Jane Kelsey

Jane Kelsey

University of Auckland - Faculty of Law

David Schneiderman

University of Toronto - Faculty of Law

Gus Van Harten

York University - Osgoode Hall Law School

Date Written: 2019

Abstract

The authors argue that UNCITRAL Working Group III, as part of its mandate for reform of the international investment regime, should consider issues at the core of the concerns about the regime's accountability and legitimacy, especially in the case of investor-state dispute settlement (ISDS). These issues include: the right of standing for affected parties, the customary duty to exhaust local remedies, the chilling effect of ISDS, and the relationship of the international investment regime to goals of sustainable development and the rule of law. Procedural reforms of ISDS are necessary but not sufficient to address these concerns.

Keywords: Investor-state dispute settlement, UNCITRAL Working Group III, reform, other matters

Suggested Citation

Kelsey, Jane and Schneiderman, David and Van Harten, Gus, Phase 2 of the UNCITRAL ISDS Review: Why ‘Other Matters’ Really Matter (2019). Osgoode Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3329332 or http://dx.doi.org/10.2139/ssrn.3329332

Jane Kelsey

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

David Schneiderman

University of Toronto - Faculty of Law ( email )

78 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-2677 (Phone)
416-978-7899 (Fax)

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 650 8419 (Phone)

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