Agreement for the Coordinated Suspension of Investor–State Dispute Settlement With Respect to COVID-19- Related Measures and Disputes

The document proposes a framework for states to suspend ISDS provisions to prevent foreign investors from initiating legal claims against governments for emergency COVID-19 measures. It includes a draft agreement that defines COVID-19-related measures as 'self-judging' and suggests both multilateral and bilateral implementation paths to mitigate legal risks associated with public health and economic interventions.

• The proposed agreement aims to mitigate the "unprecedented risk" of foreign investors using investment treaties to initiate investor-state dispute settlements (ISDSs) in response to emergency government interventions used to curb COVID-19 and manage economic impacts.
• The draft agreement defines "COVID-19-related measures" as any action taken on or after December 1, 2019, including efforts to curb virus transmission, ensure the availability of goods and services, and support national economic recovery and stability.
• A key feature of the proposal is that the definition of COVID-19 measures is "self-judging," meaning a host state's good-faith declaration that a measure relates to the pandemic is determinative and cannot be overturned by a tribunal.
• While a multilateral agreement is preferred for its ability to cover hundreds of treaties, the document recommends parallel bilateral agreements as a faster, easier way to address high-risk treaties, especially when travel restrictions hinder multilateral negotiations.

APA

International Institute for Sustainable Development (2020). Agreement for the Coordinated Suspension of Investor–State Dispute Settlement With Respect to COVID-19- Related Measures and Disputes. https://www.iisd.org/system/files/2021-02/suspension-isds-covid-19-en.pdf

Chicago

International Institute for Sustainable Development. Agreement for the Coordinated Suspension of Investor–State Dispute Settlement With Respect to COVID-19- Related Measures and Disputes. 2020. https://www.iisd.org/system/files/2021-02/suspension-isds-covid-19-en.pdf.

Wikipedia

{{cite report |author=International Institute for Sustainable Development |title=Agreement for the Coordinated Suspension of Investor–State Dispute Settlement With Respect to COVID-19- Related Measures and Disputes |date=18 June 2020 |url=https://www.iisd.org/system/files/2021-02/suspension-isds-covid-19-en.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{internationalinstituteforsustainabledevelopment2020agreement, author = {{International Institute for Sustainable Development}}, title = {{Agreement for the Coordinated Suspension of Investor–State Dispute Settlement With Respect to COVID-19- Related Measures and Disputes}}, institution = {International Institute for Sustainable Development}, year = {2020}, month = jun, url = {https://www.iisd.org/system/files/2021-02/suspension-isds-covid-19-en.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }