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Civil society and investor-state dispute settlement

International agreements to promote foreign investment, including both standalone investment treaties and investment chapters in trade and investment agreements, have attracted extensive public attention in recent years. One area of particular controversy has been the effect of investor-state dispute settlement (ISDS) arrangements provided for under investment treaties. These mechanisms allow businesses to sue governments over state conduct that adversely affects them, and have raised concerns about the balance of public and private interests in international economic governance. Their potentially far-reaching implications fuelled extensive civil society advocacy in 2016.

ISDS mechanisms featured prominently in public mobilisation around three proposed trade and investment agreements: the Comprehensive Economic and Trade Agreement (CETA), the TransPacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP). While the status of the TPP and TTIP are now in doubt given the recent political changes in the USA, ISDS proposals will remain an important issue as other deals are brokered. This includes potential agreements between the UK and other states once the UK exits the European Union, and possibly the bilateral treaties mentioned by the new Trump administration in the USA.

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Cotula, L and Tan, C (2017) “Civil Society and Investor-State Dispute Settlement”, in CIVICUS, State of Civil Society Report 2017.
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International treaties, national laws and transnational contracts define the terms of an investment and influence the distribution of its costs and benefits. To promote inclusive sustainable development, IIED works with partners to rethink these legal documents and the process through which they are formulated.

More at www.iied.org:
Rethinking investment treaties, laws and contracts

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