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A Study On Future Of Investor-State Dispute Settlement (ISDS) And Current Reform Trends




Al-Mamnur Rashid, PhD Candidate, Zhongnan University of Economic and Law, Department of Law


ABSTRACT


Investor-State Dispute Settlement (ISDS) mechanisms have long played a crucial role in shaping international investment law and policy. This study delves into the future of ISDS and explores the current reform trends that are reshaping this field. With an ever-growing number of cases and an evolving global context, the study examines the implications of ISDS on investor protection, state sovereignty, and public policy interests. It investigates the legal and ethical dimensions of ISDS case outcomes, highlighting their influence on international investment law. The study underscores the need for a delicate balance between safeguarding investor rights and preserving regulatory sovereignty. It discusses the growing demand for transparency, accountability, and the inclusion of public interests in the ISDS process. The implications of intra-EU disputes and the emerging alternatives to ISDS, such as investment courts, are also examined. Finally, the study sheds light on the public and political backlash against ISDS and how it has catalyzed reform efforts. The findings of this study offer critical insights into the future trajectory of ISDS and the broader landscape of international investment law and policy.


Keywords: Crucial role, Policy, Sovereignty, Reform, Implication

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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