Download This PaperPhase 2 of the UNCITRAL ISDS Review: Why ‘Other Matters’ Really Matter
15 Pages Posted: 6 Feb 2019 Last revised: 10 Feb 2019
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
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Jane Kelsey
University of Auckland - Faculty of Law ( email )
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David Schneiderman
University of Toronto - Faculty of Law ( email )
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Gus Van Harten (Contact Author)
York University - Osgoode Hall Law School ( email )
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