Intervention by ClientEarth UNCITRAL Working Group III Discussions on ISDS Reform

The statement argues that current UNCITRAL discussions are too narrow, focusing on procedural aspects and appeal mechanisms like the MIC. The authors call for a systemic reform that addresses the asymmetry of the ISDS system, its relationship with national courts, and the phenomenon of regulatory chill.

• The authors argue that the current discussions have shifted from 'systemic' to 'structural' reform, which they claim limits the scope to appeal mechanisms, specifically the Multilateral Investment Court (MIC), and excludes non-incremental factors.
• The statement asserts that a durable solution requires a comprehensive, holistic approach to address fundamental problems that have been neglected, specifically the asymmetry of the system, the relationship between ISDS and national courts, and regulatory chill.

APA

ClientEarth (2019). Intervention by ClientEarth UNCITRAL Working Group III Discussions on ISDS Reform. https://www.clientearth.org/media/vsanlqa4/2019-04-04-intervention-by-clientearth-uncitral-working-group-iii-discussions-on-isds-reform-ce-en.pdf

Chicago

ClientEarth. Intervention by ClientEarth UNCITRAL Working Group III Discussions on ISDS Reform. 2019. https://www.clientearth.org/media/vsanlqa4/2019-04-04-intervention-by-clientearth-uncitral-working-group-iii-discussions-on-isds-reform-ce-en.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=Intervention by ClientEarth UNCITRAL Working Group III Discussions on ISDS Reform |date=4 April 2019 |url=https://www.clientearth.org/media/vsanlqa4/2019-04-04-intervention-by-clientearth-uncitral-working-group-iii-discussions-on-isds-reform-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2019intervention, author = {{ClientEarth}}, title = {{Intervention by ClientEarth UNCITRAL Working Group III Discussions on ISDS Reform}}, publisher = {ClientEarth}, year = {2019}, month = apr, url = {https://www.clientearth.org/media/vsanlqa4/2019-04-04-intervention-by-clientearth-uncitral-working-group-iii-discussions-on-isds-reform-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }