S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law (JKL) Journal of Korean Law Volume 12 Number 1/2 (2012)
Responding to Public Concerns over Investor State Dispute Settlement Clauses In APEC Free Trade Agreements
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.12 No.2, pp. 197-218
- investor state arbitration ; multilateral investment agreement ; exceptions clauses ; trade sustainability impact assessment ; arbitrator conflict of interest
- 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.