This report explores how national investment laws regulate dispute settlement and suggests how to reform them to align with sustainable development and 21st-century policy objectives.
Investment treaties operate as de facto risk allocation instruments—yet unlike other de-risking tools, they are not priced, do not require investor due diligence, and lack other public interest safeguards.
International investment treaties and their investor–state dispute settlement (ISDS) system are facing growing scrutiny. But what would an alternative system—one fit for the challenges of the 21st century—look like?