investor-state disputes | ISDS


COVID-19 and the risk of foreign investor challenges
Tensions are likely to surface between the public-policy directions of governments managing a challenging economic climate and foreign investors' private interests.
Sovereign rights to natural resources as a basis for denouncing international adjudication of investment disputes: A reflection on the Tanzanian approach
Tanzania’s reforms show that the claim that African states should regard ISDS mechanism as the preferred method for resolving investment disputes is not only very contested, but that there are legitimate grounds for those contestations.
The red carpet investments in the middle of a pandemic result in crisis of people’s sovereignty
Indonesian CSOs assesses the national economic recovery strategy by strengthening policies economic liberalization focusing only on investment and exports will only be increasingly open space for corporate monopoly on economic resources.
Fracking company sues Slovenia over ‘unreasonable’ environmental protections
A British oil and gas company is using a controversial energy treaty to sue Slovenia, after being required to carry out an environmental impact assessment
Australian mining firm launches arbitration proceedings against Poland
Australian mining firm Prairie Mining has launched international arbitration proceedings against Poland, claiming damages for the alleged hindering of the development of its two coal mines located in the country.
Hegemony 101 in international investment law
The hegemon aspirants in international investment law have already, and perhaps unwittingly, revealed their three step manual: Disguise, dismiss, divert.
Pakistan seeking relief from $5.8B fine over mining lease
Pakistan is seeking the reversal of a $5.8 billion penalty imposed by an international tribunal for denying a mining lease to an Australian company, saying that paying the fine would hinder its handling of the coronavirus pandemic.
‘Obsolete’ Energy Charter Treaty must be reformed or ditched, lawmakers say
The 1991 Energy Charter Treaty must be profoundly overhauled in order to remove all “obsolete” provisions protecting fossil fuel investments and hindering climate action, lawmakers from across Europe said.
Japan blocks green reform of major energy investment treaty
The Japanese government is blocking reform of a treaty that allows energy companies to sue nation states when climate policies affect their profits.
How the little-known Energy Charter Treaty is holding environmental policy hostage
Is it possible to take urgently needed action on climate change while simultaneously protecting the fossil fuel industry, the very cause of climate imbalance?