Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
Chapter 19: Investor-state dispute settlement and the Trans-Pacific Partnership
This chapter critically examines the intellectual property rights holders’ growing use of investor-state dispute settlement (ISDS) to resolve international intellectual property disputes. It begins by highlighting the criticisms of ISDS, including those that are related to the arbitration process, the arbitrators’ interpretations and final arbitral outcomes. The chapter then examines the various upgrades that the Trans-Pacific Partnership Agreement has provided to the ISDS mechanism. It concludes by outlining the conceptual and institutional improvements that could strengthen ISDS.
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