The David effect and ISDS

S Puig, A Strezhnev - European Journal of International Law, 2017 - academic.oup.com
… describe the result as a ‘David effect’ – as in the biblical story of David versus Goliath. When
the … victory, arbitrators respond by increasing the magnitude of the winner’s compensation. …

Human rights impact litigation in ISDS: a proposal for enabling private parties to bring human rights claims through investor-state dispute settlement mechanisms

AH Bradlow - Yale J. Int'l L., 2018 - HeinOnline
the ISDS system, the need to eliminate it altogether, or thethe effects of the measures on
the owner, and the form of the … Keystone XL pipeline, Cory Adkins and David Singh Grewal …

[PDF][PDF] The good, the bad and the ugly of ISDS reforms': rebalancing the system

S Papazoglou - King's College London Student Law Review, 2019 - blogs.kcl.ac.uk
… is a manifestation of broader concerns about globalisation, and the concerns raised about
the perceived negative effects of globalisation are very frequently articulated through critiques …

ISDS reform: the long view

JE Alvarez - ICSID Review-Foreign Investment Law Journal, 2021 - academic.oup.com
… Many see IIA skeptics as simpletons who fail to understand David Ricardo’s theory of …
whether host States today really ignore the serious reputation effects of reneging on their original …

The Influencers of International Investment Law: A Computational Study of ISDS Actors' Changing Behavior

RH Lie - German Law Journal, 2022 - cambridge.org
… In his 2003 article, David Luban offers further insights into a driver of this mechanism: …
While further studies and a fuller analysis of the susceptibility and effects on ISDS is beyond the

[PDF][PDF] Spillover effects in international law: The case of tax planning and investor-state dispute settlement

C Thrall - Paper. University of Austin at Texas. Available at …, 2021 - nkalyanpur.github.io
… additive effects of firm behavior; in the example given in this paper, states hoped that both
BITs and BTTs would help them compete for FDI,5 but the combination of the two opened the

What's Really Wrong With Isds?-A Critical Analysis of Phantom Issues and Real Issues Triggered by Practice and Technological Development

S Wilske, MT Adams - A Critical Analysis of Phantom Issues and …, 2024 - papers.ssrn.com
… of the adaptation of the role of an arbitrator, which thethe problems arising from stereotypes
in the world of ISDS … Another stereotype is the “chilling effect” which allegedly even the

Adding New Ingredients to an Old Recipe: Do ISDS Reforms and New Investment Treaties Support Human Rights?

NJ Diamond, KAN Duggal - Case W. Res. J. Int'l L., 2021 - HeinOnline
the effects, both direct and indirect, of the ISDS system on human rights. As such, if the ISDS
… Ultimately, we argue that the ISDS system may finally be positioned to bend the are of its …

Reconceptualizing ISDS: When is IP an investment and how much can states regulate it

R Dreyfuss, S Frankel - Vand. J. Ent. & Tech. L., 2018 - HeinOnline
… We also argue that if the class of investors entitled to bring ISDS … not the ISDS case that led
the Canadian Supreme Court to alter the doctrine but rather the doctrine's unintended effects. …

Winning and losing in investorstate dispute settlement

TR Samples - American Business Law Journal, 2019 - Wiley Online Library
… on the distribution and impact of costs within the ISDS system… work on ISDS, this project
updates certain aspects of the most … for is the chilling effect that the threat of ISDS can create on …