IDEAS home Printed from https://ideas.repec.org/a/vrs/cinrer/v25y2019i84p36-52n2.html
   My bibliography  Save this article

ISDS Regimes and Democratic Practice: Creating Conflict of Interests between Governments, Investors and Local Populations

Author

Listed:
  • Karas Martin

    (University of Economics in BratislavaFaculty of International Relations)

Abstract

The recent debate over the Investor-State Dispute Settlement (ISDS) regimes of international arbitration has resulted in concerted efforts aimed mainly at protecting the rights of states to regulate, improving transparency of proceedings and eliminating inconsistency in decision making of the tribunals. While the existing scholarly work frequently addresses issues of the relationship between the existing investment regimes and good governance in general, increased attention is rarely paid to the effects that investment arbitration has on democratic practice. The article applies an “action-based” approach to democracy, in order to analyse the role that the ISDS regimes play in exacerbating conflicts between the local populations, foreign investors and governments. The analysis leads to a conclusion that the ISDS regimes create incentives for the governments and foreign investors to disregard sound democratic practice. The article represents an attempt to move the discussion about the ISDS regimes away from the question of legitimacy of the regimes to the question of the impacts that the regimes have in practice.

Suggested Citation

  • Karas Martin, 2019. "ISDS Regimes and Democratic Practice: Creating Conflict of Interests between Governments, Investors and Local Populations," Croatian International Relations Review, Sciendo, vol. 25(84), pages 36-52, April.
    • Handle: RePEc:vrs:cinrer:v:25:y:2019:i:84:p:36-52:n:2
    DOI: 10.2478/cirr-2019-0002
    as

    Download full text from publisher

    File URL: https://doi.org/10.2478/cirr-2019-0002
    Download Restriction: no
    File URL: https://libkey.io/10.2478/cirr-2019-0002?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Caroline Henckels, 2012. "Indirect Expropriation and the Right to Regulate: Revisiting Proportionality Analysis and the Standard of Review in Investor-State Arbitration," Journal of International Economic Law, Oxford University Press, vol. 15(1), pages 223-255, March.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Ajibo Collins C., 2018. "The Role of Regional Courts in the Development of International Investment Law: The Case of NAFTA Chapter 11 Dispute Settlement Framework and ECtHR," The Law and Development Review, De Gruyter, vol. 11(1), pages 77-95, January.
    2. Garnuszek Anita & Orzeł Aleksandra, 2015. "EU Proposals to Reform the Investor-to-State Dispute Settlement System – a Critical Analysis of Selected Issues Addressed in the Concept Paper “Investment in TTIP and Beyond – the Path for Reform”," Wroclaw Review of Law, Administration & Economics, Sciendo, vol. 5(2), pages 52-69, December.
    3. Eleni Gavriil, 2024. "Protection of Property under Human Rights and International Investment Law: A Case-Law Analysis," Laws, MDPI, vol. 13(1), pages 1-20, February.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:cinrer:v:25:y:2019:i:84:p:36-52:n:2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.