An Analysis of Geopolitical Considerations of Investor State Dispute Settlement and the Pursuit of Impartial Justice

Leif Cocq-Rasmussen

Abstract


Geopolitics and geo-economics have been catapulted the law to the fount to resolve international conflicts. The law is involved in creating collations to fight religious extremists or to counter economic and military advancements of other nations use various systems of regulating coalition behavior. The United States is pushing for the largest consolidation of economies in the history of the world. The main vehicle of this consolidation is the Trans Pacific Partnership (TPP) and the Trans-Atlantic Trade and Investment Treaty (TTIP). These mega trade agreements are being negotiated in tandem with increases military cooperation as well. But this system of consolidation has to contend with major considerations regarding national sovereignty, rule of law and prevalence of justice. Under particular scrutiny is the main mechanism for dispute resolution within the trade agreements, known as investor state dispute settlement. While most agree that consolidation and collective security is desirable, disagreements over the mechanics and function of the dispute mechanism threatening negations from proceeding. The concerns are legitimate in regards to legal certainty, foreign intervention and accountability. But in the big picture, the pros outweigh the cons. 


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