The article critiques the investor-state dispute settlement (ISDS) system, which allows private investors to litigate against governments in private arbitration. Initially intended to foster confidence in investments in politically unstable nations, ISDS now raises significant issues about transparency and conflicts of interest. The process is conducted outside public courts, with decisions often made by a small panel of arbitrators, leading to concerns over the unchecked power of corporations against governmental authority. Despite its original purpose, the system continues to persist, highlighting an imbalance within global economic interactions.
Investor-state dispute settlement (ISDS) allows companies to sue governments over profits lost due to governmental actions, which raises concerns over transparency and conflicts of interest.
The ISDS system, introduced in the 1960s to protect investor interests, has become a controversial mechanism that operates behind closed doors, lacking public accountability.
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