Compensation Under Investment Treaties: What are the problems and what can be done?
While the practical significance of the issue is clear, the question of compensation (or “damages”) under investment treaties has received limited attention to date. In this brief, the authors identify key concerns with tribunals’ current approach and suggest a range of reforms that states could consider in response.
A longer paper exploring these issues, including options for reform, was published in November 2020. IISD has also held two webinars on the issue, in August 2019 and November 2020, respectively.
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