Alternatives to Investor-State Dispute Settlements

Columbia Center on Sustainable Investment, CCSI Working Paper 2019, 2019

14 Pages Posted: 24 Aug 2020

See all articles by Lise Johnson

Lise Johnson

Columbia University - Columbia Center on Sustainable Investment

Jesse Coleman

Columbia University - Columbia Center on Sustainable Investment

Brooke Guven

Columbia University - Columbia Center on Sustainable Investment

Lisa Sachs

Columbia University - Columbia Center on Sustainable Investment

Date Written: April 1, 2019

Abstract

Proponents often explain support for international investment agreements (IIAs) for their ability to:

(1) promote investment flows;

(2) depoliticize disputes between investors and states;

(3) promote the rule of law; and

(4) provide compensation for certain harms to investors – objectives of varying degrees of importance to multinational enterprises, home states, host states, and other stakeholders.

While each of these objectives may seem desirable, it is important to consider what exactly they mean and whether IIAs are optimally tailored to achieve them.

This two-part series aims to consider just that. In the first blog installment, we asked of investor-state dispute settlement: What Are We Trying to Achieve? Does ISDS Get Us There?

To follow up, in this Working Paper we’ve considered a number of alternative tools that, when used alone or in combination, might better serve the above objectives as well as the goals of sustainable development more generally.

Keywords: Investor-State Dispute Settlements, ISDS, International Investment Agreements

Suggested Citation

Johnson, Lise and Coleman, Jesse and Guven, Brooke and Sachs, Lisa, Alternatives to Investor-State Dispute Settlements (April 1, 2019). Columbia Center on Sustainable Investment, CCSI Working Paper 2019, 2019, Available at SSRN: https://ssrn.com/abstract=3661138 or http://dx.doi.org/10.2139/ssrn.3661138

Lise Johnson (Contact Author)

Columbia University - Columbia Center on Sustainable Investment

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States

Jesse Coleman

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States

Brooke Guven

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States

Lisa Sachs

Columbia University - Columbia Center on Sustainable Investment ( email )

William C. Warren Hall, 1st floor
410 West 116th Street
New York, NY 10027
United States
(212) 854-0691 (Phone)

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