ISDS and States’ Ability to Deal with Financial Crisis

Therese Wilson; Yuri Banens; Shanayah Sharif

PIL.OT / DEVELOPMENT

Academic publicationInternational arbitration lawGlobal01 June 2023

ISDS and States’ Ability to Deal with Financial Crisis

Therese WilsonYuri BanensShanayah Sharif0 views

Image: Breather / Wikimedia Commons (CC0) · CC0-1.0

The article reports the results of an empirical study of 85 bilateral investment treaties and free trade agreements signed between 2015 and 2019 and available in English through the UNCTAD Investment Policy Hub. It examines carve-outs concerning financial regulation, including exceptions or defences and exclusions of particular state conduct from investor-state dispute settlement, and assesses their likely effectiveness in protecting state sovereignty and reducing claims arising from crisis-related regulatory measures.

ISDS and States’ Ability to Deal with Financial Crisis

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“ISDS and States’ Ability to Deal with Financial Crisis”

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“ISDS and States’ Ability to Deal with Financial Crisis”