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Transparency, Legitimacy, and Investor-State Dispute Settlement: What Can We Learn from the Streaming of Hearings?

Wednesday, 21st June 2018

"Scholars, NGOs, and practitioners have been discussing the legitimacy of investor-state dispute settlement (“ISDS”) for years. Much of this debate has focused on the critique that ISDS, usually taking the form of confidential and binding arbitral proceedings, sees private and unelected tribunals determining matters thought to be of public importance. Some activist and media publications (such as in this local newspaper or in this news website) also allege a host of profound ills arising from ISDS: negative impacts on systems of criminal justice, the protection of kleptocracy, and the placing of pressure on host states to assist in the murder of environmental activists.3) All of this harm is compounded still further, it is argued, by the fact that ISDS is largely conducted behind closed doors."

Read in full:  



Web-link: http://arbitrationblog.kluwerarbitration.com/2018/06/09/transparency-legitimacy-...
Source: Herbert Smith Freehills LLP
Language: English
Contact: Colin Trehearne


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