Controversies about the inclusion of the investment-state dispute settlement (ISDS) mechanism have been dominating the debate surrounding the ongoing negotiations of the Transatlantic Trade and Investment Partnership (TTIP) agreement in many EU countries. The level of social anxiety and the...

The International Centre for Settlement of Investment Disputes is an intergovernmental organisation at the core of the system of investor-state dispute settlement (ISDS). ICSID is busier than ever with the number of cases pending at its historical maximum. However, the legitimacy of the system...

One of the most important cases in the jurisprudence of international law – Chorzów Factory – has a hidden secret, so much so that, even when in plain sight, legal post-mortems of the case fail to mention this well-kept secret. Chorzów Factory was about intellectual property rights,...

The article responds to the critical perspective Kate Miles offers on international investment law in her article “Investor-State Dispute Settlement: Conflict, Convergence, and Future Directions”, published in the European Yearbook of International Economic Law. While sharing several...

The chapter challenges claims about depoliticization in two different aspects. The first examined claim is that home states are disenfranchised from pursuing investment claims once they are lodged with ICSID. Is it the case that home states simply stay home? This chapter examines instances where...

In recent years, the world has witnessed an intense debate on the viability of arbitration for investor-state disputes and various efforts towards the development and refinement of other alternative means of dispute resolution. This article looks at the recent trends and provides an assessment...

As tensions between investors' rights and sovereign power escalate, investor-state dispute settlement has become a focal point of backlash and controversy. As a result, ISDS now embodies two opposing currents in international law: (i) the erosion of sovereignty that accompanied economic...