Published 6 January 2021
In reaction to the growing discontent over the shape of investor-state dispute settlement (ISDS), one could observe several different kinds of response to the continuous increase of investment disputes and to the concerns they raise. For instance, multilateral reform action on ISDS is currently being discussed at the United Nations Commission on International Trade Law (UNCITRAL). At the same time, many states innovate their model bilateral investment treaties (BITs) by clarifying investment protection standards or re-affirming the right to regulate. One rather extreme reaction attracting much (negative) attention is to completely withdraw from the investment protection regime through termination of BITs or denunciation of the ICSID Convention. However, there is a more subtle development under shadows of meetings at the UN rooms on one hand and radical steps on the other. This subtle development can be called “the return of Home State to investor-state dispute settlement disputes” in the words of, the author of the recently published book of the same name, Rodrigo Polanco.
The Return of the Home State to Investor-State Disputes - Bringing Back Diplomatic Protection?. Rodrigo Polanco, Cambridge University Press, 2019. Pp 372. $130.00. ISBN 9781108473385.