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

The International Institute for Sustainable Development (IISD) proposes a legal framework for states to suspend investor–state dispute settlement (ISDS) provisions in investment treaties for measures taken in response to COVID-19. The proposal includes a 'self-judging' definition of COVID-19-related measures starting from December 1, 2019, and suggests that states pursue both multilateral and bilateral agreements to prevent a surge of investor claims against emergency public health and economic interventions.

• The IISD proposes a coordinated suspension of investor–state dispute settlement (ISDS) to mitigate the risk of foreign investors initiating claims against governments for emergency measures taken to curb COVID-19, such as shutdowns, containment, and export curbs on medical supplies and food.
• The proposed agreement defines "COVID-19-related measures" as any action attributable to a signatory taken on or after December 1, 2019, in connection with the pandemic. This includes measures for virus transmission curbing or tracing, ensuring the availability of goods and services, and national economic recovery or stability.
• The proposed framework makes the definition of COVID-19 measures "self-judging," meaning that if a host state declares in good faith that a measure relates to COVID-19, that declaration is determinative and cannot be overturned by a tribunal.
• The IISD suggests both multilateral and bilateral implementation paths. While a multilateral agreement can cover hundreds of treaties, bilateral agreements are identified as faster and easier to implement, particularly when travel restrictions hinder physical 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} }