EFFECTS OF INVESTOR-STATE DISPUTES ON STATES’ CAPACITY TO PROMOTE RIGHTS: A STUDY OF ISDS CASES FROM 1987 TO 2020

Abstract

This study describes and discusses the results of research into publicly divulged cases of disputes in international courts in which companies have sued states for implementing laws and standards relating to public health, environmental protection, the right to water, and Indigenous peoples’ rights. We seek to identify patterns and trends in the opening of proceedings and in the taken decisions to ascertain whether and how these proceedings have restricted state attempts to safeguard individual or collective rights. We conclude that, in most cases, the controversy has in fact restricted the state ability to legislate toward the public interest.

Keywords:
Investment; Human Rights; International Arbitration; UNCTAD; ISDS; International Investment Agreements; Regulatory Chill; Environmental Rights; Right to Health; Right to Water