Introduction

In considering reform of the investor-State dispute settlement (ISDS) regime, a fundamental question - aside from the question of whether reform is needed, and if so what form it should take -- is whether that reform is likely to come from within (in the form of proactive "self-policing") or without (by outside pressure from a more attractive alternative). Generally, this forum represents the former; I would like in this particular paper to consider the latter. The very name, "investor-State dispute settlement," indicates the direct settlement between investors and the States in ...