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What if it was a judicial process?
From: Sold Down the Yangtze
$0.90
One of the key flaws in investor-state arbitration is that it
leads to final decisions about issues of great importance for
countries (and foreign investors too), but does not use a judicial
process. As a result, treaties like the FIPA have removed
basic safeguards of independence and fairness in the final resolution
of public law and policy.
Contributors
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.
