Managing National Legal Intersections, Relationships and Conflicts
Chapter 8: Investor–state dispute settlement: crossing boundaries?
This chapter explores the risks and opportunities posed by investor-state dispute settlement to the solutions which have been developed for use at national level - another example of imbalance and barriers across different areas of law. After analysing the growth of and challenge to investor state dispute settlement, and the increasing place of IP and non-trade factors within it, this chapter proposes new model clauses for investor-state dispute settlements which would reduce the prospects of the national solutions being challenged from this new perspective.
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