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

Author:

Leif Cocq-Rasmussen

United States Senate, The Institute for New Economic Thinking (Oxford Martin School of Economics), and for the Initiative of Science Society and Policy (SDU), US
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Abstract

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 Partnership (TTIP). These mega trade agreements are being negotiated in tandem with increases in military cooperation. But this system of consolidation has to contend with major considerations regarding national sovereignty, rule of law and effectiveness. Under the economic aspects, the investor state dispute settlement mechanism is under high scrutiny. Disagreements over the mechanics and function of the dispute mechanism is a dark cloud over the negotiation proceedings. The concerns are legitimate in regards to legal certainty, foreign intervention and accountability. But in the big picture, the pros outweigh the cons as it discourages diplomatic intervention in economic activities.

How to Cite: Cocq-Rasmussen, L., 2015. An Analysis of Geopolitical Considerations of Investor State Dispute Settlement and the Pursuit of Impartial Justice. Amsterdam Law Forum, 7(1), pp.36–54. DOI: http://doi.org/10.37974/ALF.274
Published on 01 Jun 2015.
Peer Reviewed

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