| ID | 154544 |
| Title Proper | What explains the low success rate of investor-state disputes? |
| Language | ENG |
| Author | Pelc, Krzysztof J |
| Summary / Abstract (Note) | The treatment of foreign investment has become the most controversial issue in global governance. At the center of the controversy lies the mechanism of investor-state dispute settlement (ISDS), which allows private firms legal recourse against governments if government interference has degraded their investment. Using newly released data covering 742 investment disputes, I assess some of the central claims about ISDS. I argue that the regime has indeed undergone an important shift: a majority of claims today deal not with direct takings by low-rule-of-law countries, but with regulation in democratic states. Such “indirect expropriation” claims have seen a precipitous decrease in their odds of legal success over the past twenty years. They are also far less likely to result in early settlement. These parallel trends may be a result of a rise in strategic litigation by investors whose aim is not only to obtain compensation but also to deter governments' regulatory ambitions. |
| `In' analytical Note | International Organization Vol. 71, No.3; Summer 2017: p.559-583 |
| Journal Source | International Organization Vol: 71 No 3 |
| Key Words | Low Success Rate ; Investor-State Disputes |