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Responding to Public Concerns over Investor State Dispute Settlement Clauses In APEC Free Trade Agreements

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Authors
Henry, Laura
Issue Date
2012-06
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.12 No.2, pp. 197-218
Keywords
investor state arbitrationmultilateral investment agreementexceptions clausestrade sustainability impact assessmentarbitrator conflict of interest
Abstract
Prepared for a recent presentation for APEC Member Economies, this paper surveys how APEC Member Economies have responded to public-interest-based criticisms in ISDS through multilateral negotiations, treaty and investment agreement drafting and administrative measures. While no other APEC Member besides Australia has decided to forgo ISDS altogether, the language in APEC investment agreements shows clear progress towards acceptance of major public interest concerns in recent years. At the same time, there is no sign that a consensus is emerging among Members to amend the basic institutional features of ISDS.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/91455
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 12 Number 1/2 (2012)
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