The ISDS Reform Process: The Missing Development Agenda

South Centre, Investment Policy Brief 19, 2020

5 Pages Posted: 21 May 2020

Date Written: 2020

Abstract

The foreign direct investment (FDI) governance agenda is centred on the reform of international investment agreements (IIAs) and investor-state dispute settlement (ISDS). The proliferation of IIAs and ISDS has contributed to narrowing the FDI agenda. A key policy question is whether this fragmented approach remains consistent with the 2030 Sustainable Development Goals (SDGs). Current FDI discussions point at the need for a holistic approach in this policy area, quite the opposite of a regime primarily aimed to protect foreign investors through treaty standards and international arbitration. The realisation of the SDGs depends on multi-stakeholder partnerships to combat poverty and provide clean water and energy to the world population. Crucially, these partnerships will require more cooperation and coordination than IIAs and ISDS can promote and nurture.

Keywords: Foreign Investment, International Investment Law, ISDS, Development

Suggested Citation

Perrone, Nicolas Marcelo, The ISDS Reform Process: The Missing Development Agenda (2020). South Centre, Investment Policy Brief 19, 2020, Available at SSRN: https://ssrn.com/abstract=3584335

Nicolas Marcelo Perrone (Contact Author)

Universidad Andrés Bello ( email )

Chile

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