Working Paper No. 1248

Investor-State vs. State-State Dispute Settlement

Published: November 14, 2018Pages: 36Keywords: ISDS; Expropriation; International investment agreements; Regulatory chillJEL-codes: F21; F23; F53; K33

Investor-State vs. State-State Dispute Settlement Henrik Horn


International investment agreements have provoked intense criticism in the policy debate during recent years. Particularly contentious has been their “"ISDS" ”mechanisms, which enable investors to litigate against host countries. This paper examines whether host countries would be better off with state-state dispute settlement (SSDS), as often alleged, assuming that SSDS cause political/diplomatic litigation costs that are not present with ISDS.

Two separate reasons why host countries might benefi…t from SSDS are identi…fied, but neither provides a convincing argument for host countries to move to SSDS. The paper concludes that host countries should reduce the stringency of their agreements, rather than introduce imperfections in the dispute settlement systems to reduce their bite.

Henrik Horn

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Ph: +46 8 665 4540
henrik.horn@ifn.se

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Martin Ljunge, IFN, is the author of a chapter, "Trust promotes health: addressing reverse causality by studying children of immigrants", in a new book edited by Sherman Folland and Eric Nauenberg. The cutting edge of research is presented, covering the ever-expanding social capital field.

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