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Does the Green Economy Need Investor–State Dispute Settlement?


Environmentalists have traditionally been among the staunchest critics of investor–state dispute settlement (ISDS). For those familiar with the litany of ISDS cases that have involved challenges to environmental regulations—ranging from bans on pesticides to efforts to save endangered species—the opposition …

Safeguarding Sustainable Development: Financing for Development and the International Investment Regime


Discussion of international investment governance has changed in character in recent years. While some specialists examined the potential negative sustainable development implications of international investment agreements (IIAs), in official forums the focus of previous decades was often on how to …


Conciliation and Arbitration Law: Times of Change in Investment Protection in Bolivia


1. Neoliberal period: Legal structure of foreign investment protection In the early 1990s, the Bolivian State underwent a neoliberal period. Such period was marked by (i) the setting up of a constitutional and legal structure aimed at protecting foreign investment, …


Negotiations Kick Off on a Binding Treaty on Business and Human Rights

A general view during the 23th Session of the Human Rights Council. 27 May 2013. Photo by Jean-Marc Ferré

The inaugural session of the Open-ended Intergovernmental Working Group for the Elaboration of an International Legally Binding Instrument on Transnational Corporations and Other Business Enterprises (TNCOBEs) with respect to Human Rights (the Working Group) marks the beginning of a process …