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

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

Open Access
|Jun 2015

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.

DOI: https://doi.org/10.37974/ALF.274 | Journal eISSN: 1876-8156
Language: English
Published on: Jun 1, 2015
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services

© 2015 Leif Cocq-Rasmussen, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 4.0 License.