Foreign-Investor Protections in the TPP
From: The Trans-Pacific Partnership and Canada
analyzes one of the most contentious
features of the TPP and similar agreements going back to NAFTA. The
investor–state dispute settlement (ISDS) mechanism gives foreign investors
the right to seek compensation (sue for damages) when they believe
government laws, regulations and other decisions have interfered with
their private interests in ways that violate one or another investment
treaty to which the country is a party.
Gus Van Harten
GUS VAN HARTEN is a professor at Osgoode Hall Law School at York University. Previously he was a faculty member in the law department of the London School of Economics. He specializes in international investment law and administrative law. His books include Sold Down the Yangtze: Canada's Lopsided Investment Deal with China (Lorimer, 2015), Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration (Oxford University Press, 2013) and Investment Treaty Arbitration and Public Law (Oxford University Press, 2007).