Document Type
Article
Publication Date
4-2024
Abstract
This article examines Investor-State Dispute Settlements criticisms and intended benefits as it comes up in public law issues such as the Energy Charter Treaty. The treaty is the world’s largest multilateral treaty, with about 50 member countries, and the most litigated, with most cases decided by arbitration. There is criticism against an inability to modernize the treaty due to concerns regarding climate change as well as criticism against the investor-state dispute settlement system itself, because of arbitration’s secrecy and lack of public involvement. This article argues that countries should leave unilaterally as they have begun to do, avoiding the regulatory chill that the Treaty encourages, to legislate in the public interest.
Recommended Citation
Swiggum, Carrie, "What Is the Price of Withdrawing from Investor-State Dispute Settlement Provisions in an Era of Climate Conscious Policy? Comparing Latin America's Rejection of Foreign Investor Control to the Fallout from the Energy Charter Treaty" (2024). Student Scholarship. 13.
https://open.mitchellhamline.edu/stusch/13
Included in
Dispute Resolution and Arbitration Commons, Environmental Law Commons, International Law Commons
