Protecting Fundamental Values in International IP Disputes: Investor-State vs. WTO Adjudication
Files
Description
This chapter compares the resolution of investor-state disputes (ISDS) under bilateral investment treaties and free trade agreements with investment chapters, with state-state dispute settlement under the World Trade Organization’s Dispute Settlement Understanding (DSU). It demonstrates that across five dimensions—(1) the framing of disputes; (2) the incentives of disputants; (3) the interests of the relevant institutions; (4) the structure and impact of the awards; and (5) the leverage associated with the procedures—ISDS is far more intrusive on regulatory authority than WTO dispute resolution. The chapter concludes with suggestions for making ISDS more responsive to sovereign interests.
Source Publication
Research Handbook on Intellectual Property and Investment Law
Source Editors/Authors
Christophe Geiger
Publication Date
2020
Recommended Citation
Dreyfuss, Rochelle C., "Protecting Fundamental Values in International IP Disputes: Investor-State vs. WTO Adjudication" (2020). Faculty Chapters. 1165.
https://gretchen.law.nyu.edu/fac-chapt/1165
