Investor-State vs. State-State Dispute Settlement

Horn, Henrik; Tangerås, Thomas

doi:10.2139/ssrn.3285102

Cited by 2 publications

(2 citation statements)

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“…A …rst literature focuses on dispute settlement procedures in trade agreements (see Park, 2016, for a recent survey); within this literature, our paper is most closely related methodologically to Maggi and Staiger (2011), who provide the basic model of dispute settlement in trade agreements on which we build. A second and more recent literature focuses on dispute settlement procedures in investment treaties (see, for example Konrad, 2017, Horn, 2018, Stahler, 2018, Horn and Tangeras, 2019, Janeba, 2019, Kohler and Stahler, 2019and Sykes, 2019. Our use of the Maggi and Staiger (2011) framework makes us methodologically distinct from these papers.…”

Section: Introductionmentioning

confidence: 99%

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Disputes in International Investment and Trade

Ossa

Staiger

2022

SSRN Journal

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Section: Introductionmentioning

confidence: 99%

“…Horn (2018) considers the implications of switching from ISDS to SSDS in the context of BITs in a model similar toHorn and Tangeras (2019), but he does not optimize other features of the agreement and does not consider trade agreements.…”

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confidence: 99%

Disputes in International Investment and Trade

Ossa

Staiger

2022

SSRN Journal

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Policy responses to COVID-19: lessons for the global trade and investment regime

Thrasher,

Kaplan,

Wirtz

et al. 2023

Global Health

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Background During the past two years, the COVID-19 pandemic has cost millions of lives around the globe, caused major morbidity and provoked widespread economic and social disruption. In response, governments have enacted policies to mitigate the impacts of the pandemic. This research focuses in on policies aimed at increasing access to essential health products and services by comparing them to the global rules governing trade, investment and intellectual property. We have assessed whether these rules have or could have constrained countries in responding to this and future crises. The study identifies the nature and scope of the trade-related health sector policies implemented by our sample group of countries, selected because of their systemic significance: the United States, Germany, France, China, South Africa and India. Each policy is placed into one of five broad categories covered by trade and investment rules so that we could assess their consistency with those rules. Results We found, among other things, that the types of trade-related health measures were quite diverse. The high-income countries in our study were the most active in the policy space and tended to rely on subsidies-based measures while the middle-income countries relied more heavily on export and import measures. Policies directly relevant to intellectual property protection were virtually non-existent. When evaluating the implemented policies against the global trade and investment rules, we found potential constraints under five different types of rules: those governing subsidies, import and export trade barriers, investment measures, government procurement and trade-related intellectual property. Conclusions Given the tension between the global rules and the practices of policymaking during the pandemic, we conclude that the tension must be resolved in favor of governments making policy rather than relying on existing exceptions or pushing national governments to comply more exactly with the rules. Although the pandemic itself does not respect national borders, governance still generally occurs at the national level because national governments are often the only entities with both the legal authority and the practical ability to respond.

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Investor-State vs. State-State Dispute Settlement

Cited by 2 publications

References 11 publications

Disputes in International Investment and Trade

Disputes in International Investment and Trade

Policy responses to COVID-19: lessons for the global trade and investment regime

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