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Summary and key findings insummary:"conflict of interest"
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  • This briefing by the Center for International Environmental Law outlines several reform options for Investor-State Dispute Settlement (ISDS) to be considered by UNCITRAL Working Group III. The document argues that current ISDS mechanisms are asymmetrical, often ignoring state obligations and public interest, and proposes alternatives such as multilateral treaty termination, the allowance of state counterclaims, public interest carve-outs, 'clean hands' clauses for investors, the requirement to exhaust local remedies, and expanded third-party access to proceedings.

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    Themes: energy transitionenvironmental lawclimate change regulation
    Center for International Environmental Law

    Document type: Briefing

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