For-profit arbitrators instead of judges
From: Sold Down the Yangtze
all of the decisions of investor-state arbitrators
are open to doubt because of the absence of judicial safeguards:
secure tenure, a set salary, an objective method of case
assignment, and so on. Those safeguards are needed—above
all, when a country’s sovereignty and solvency are ruled
upon—because they reassure everyone that a judge has not
succumbed to inappropriate bias, regardless of what the judge
says about his or her goodwill.
Gus Van Harten
As an expert in investment deals and international law, GUS VAN HARTEN is uniquely qualified to explain what the Canada-China agreement means for Canada. He is currently a professor at Osgoode Hall Law School in Toronto, working previously as a tenured faculty member in the Department of Law at the London School of Economics in the United Kingdom. He has written over twenty academic studies on investment treaties, and has provided commentary to governments, international organizations, and media such as Bloomberg, the CBC, The Globe and Mail, the Guardian, and the Toronto Star. He lives in Burlington, Ontario.