SouthViews No. 100, 8 January 2014

When Foreign Investors Sue the State

By Martin Khor

The investor-state dispute system, whereby foreign investors can sue the government in an international tribunal, is one of the issues being negotiated in the Trans-Pacific Partnership Agreement and other free trade agreements. In the recent public debate surrounding the Trans Pacific Partnership Agreement (TPPA), an issue that seems to stand out is the investor-state dispute settlement system (ISDS). It enables foreign investors of TPPA countries to directly sue the host government in an international tribunal.

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When Foreign Investors Sue the State

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