2018 Reports

Clearing the Path: Withdrawal of Consent and Termination as Next Steps for Reforming International Investment Law

Johnson, Lise; Sachs, Lisa E.; Guven, Brooke S.; Coleman, Jesse

This policy paper explores two near-term options that governments engaged in reform discussions can pursue, alongside longer-term work on substantive and procedural reform. These options are: (1) a joint instrument on withdrawal of consent to arbitrate; and/or (2) a joint instrument on termination. The paper examines how both options could be implemented, and makes the case for putting a pause on ISDS to ensure that investment treaties and their dispute settlement mechanisms achieve their desired ends, produce legitimate decisions, and do not undermine international economic cooperation and sustainable development more broadly.