The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World

The Future of Investor-State Dispute Settlement is a book that provides a deep dive into the reality behind the causes and effects of the concerns expressed regarding investor-State dispute settlement (ISDS) and the extent to which they can be and have been addressed by ongoing reform processes at the national, regional, and international levels. Its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally – especially in comparison with international commercial arbitration – makes ISDS a dynamic field.

What’s in this book:

With deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS, this book elucidates the following aspects:

• reform instruments adopted at the UNCITRAL Working Group III
• issues surrounding the legitimacy of ISDS
• dispute prevention and amicable settlement mechanisms
• the proposed multilateral investment court
• implications of climate change and energy transition for investment policies and disputes
• recent regional trends in policymaking and perspectives
• the ICSID-UNCITRAL Code of Conduct
• investment protection standards and dispute resolution mechanisms in recent international investment treaties
• viability of the modernized Energy Charter Treaty, and
• participation of civil society organizations

How this will help you:

As a thorough analysis of the most recent developments in international investment law and dispute resolution, this book furnishes a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention. At the same time, practitioners and the broader dispute-resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.