2024 Reports

Breaking Free: Strategies for Governments on Terminating Investment Treaties and Removing ISDS Provisions

Mehranvar, Ladan; Brauch, Martin Dietrich

Our report, "Breaking Free: Strategies for Governments on Terminating Investment Treaties and Removing ISDS Provisions," is a guidebook for government officials and policymakers on the reform or exit of the investment treaty regime that is currently impeding climate action and other national and global goals. The report includes the following: (1) strategies for exiting or reforming investment treaties and the legal consequences that follow; (2) eliminating ISDS exposure in national investment laws and contracts; (3) withdrawing from the International Centre for Settlement of Investment Disputes (ICSID) Convention and the minimal legal consequences of such action; (4) examples of country- and regional-specific processes that have led to the review and termination (or reform) of investment treaties to date; and (5) proposed text for a multilateral instrument on the termination of treaties, amending to remove investment protections in free trade agreements, and amending to remove ISDS provisions from investment treaties.