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Issues concerning Investor-State Dispute Settlement and the Idea to Establish World Investment Court
Fadilla Jamila

Lecturer Asisstant, Law Faculty Hasanuddin University
fadillajamila[at]gmail.com


Abstract

Investor-State Dispute Settlement or known as ISDS is a settlement dispute system in the field of investment law which allows an investor to directly sue the host state before an arbitration tribunal. However, along the journey it has raised some controversial issues. This paper aimed to find out the weaknesses of the ISDS system and to analyse the proposed alternative solution to encounter the current system. The author used literature research to collect reliable and relevant information and data related to the concern topic. According to the research, the author found that the issues faced by ISDS consists of the lack of transparency, inconsistent decisions, issue on arbitrator-s independency and accountability, and it has been accused to impugn the host state-s sovereign right to regulate. The idea to find alternative for this settlement is raised in the form of World Investment Court (WIC). WIC is expected to bring reformation on the weaknesses of the current ISDS system and it is designed to have appeal mechanism, as the WTO Appellate Body, in order to correct error that may have taken in the first attempt and ensure that the court present the fair and correct decisions for both parties.

Keywords: Investment, ISDS, World Investment Court

Topic: Investment and Settlement Disputes

Link: https://ifory.id/abstract/efVTvBJgyM6z

Conference: The 1st International Conference on Trade, Business, Human Rights, and Globalization (ICTBHRsG 2019)

Plain Format | Corresponding Author (Fadilla Jamila)

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