In this briefing note, CCSI considers the threats to principles of good governance, including government accountability, respect for the rule of law, transparency, and respect for citizens’ rights and interests under domestic law and international human rights norms, that are posed by the settlement of treaty-based investor-state disputes. The authors also consider the exacerbated threats posed by the settlement of disputes that include government counterclaims, and highlight the need for the ISDS reform agenda to include a focus on these issues.
Lise Johnson & Brooke Guven,
The Settlement of Investment Disputes: A Discussion of Democratic Accountability and the Public Interest,
Available at: https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/34