Protecting Fundamental Values in International IP Disputes: Investor-State vs. WTO Adjudication

in Christophe Geiger (ed), “Research Handbook on Intellectual Property and Investment Law”, Cheltenham (UK)/Northampton, MA (USA), Edward Elgar Publishing, 2019, Forthcoming

32 Pages Posted: 11 Jul 2019

Date Written: July 10, 2019

Abstract

This article, written for a conference on improving investor-state dispute settlement (ISDS), compares the resolution of investor-state disputes under bilateral investment treaties and free trade agreements with investment chapters, with state-state dispute settlement under the World Trade Organizations’ Dispute Settlement Understanding. It demonstrates that across five dimensions, (1) the framing of disputes; (2) the incentives of disputants; (3) the interests of the relevant institutions; (4) the structure and impact of the awards; and (5) the leverage associated with the procedures, ISDS is far more intrusive on regulatory authority than WTO dispute resolution. The article ends with suggestions for making ISDS more responsive to sovereign interests.

Keywords: ISDS, investor-state dispute settlement, DSU, bilateral investment treaties, regulatory authority

JEL Classification: K11, K33

Suggested Citation

Dreyfuss, Rochelle Cooper, Protecting Fundamental Values in International IP Disputes: Investor-State vs. WTO Adjudication (July 10, 2019). in Christophe Geiger (ed), “Research Handbook on Intellectual Property and Investment Law”, Cheltenham (UK)/Northampton, MA (USA), Edward Elgar Publishing, 2019, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3417995

Rochelle Cooper Dreyfuss (Contact Author)

New York University - School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6258 (Phone)
212-995-4760 (Fax)

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