nigeria

Investor State Dispute Settlement: Just for Corporations?

I’ve been toying with the idea of whether Investor State Dispute Settlement (ISDS) tribunals could be used for anything but evil. Rather than repeat the many, many detailed and well-researched critiques of ISDS, this post is about whether ISDS could be used to benefit the public, rather than just expand corporate power.

I see two ways to approach this: (1) by redefining who could be a “foreign investor”, and (2) by exploring human rights counter-claims brought by governments.

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