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March 26, 2026

Legitimacy and Effectiveness of the Investor–State Dispute Settlement Mechanism: Directions for Modernisation

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The article examines legitimacy and effectiveness of dispute resolution in investment agreements, suggesting reforms.

The aim is to evaluate the legitimacy and effectiveness of the investor-State dispute settlement mechanism, highlighting necessary reforms.
Analysis of international investment agreements and bilateral investment treaties
Identification of reform drivers focusing on public interests and investor protection
Examination of procedural adjustments to arbitration
Assessment of institutional redesign options including appellate review
Identified the need for balance between public interests and investor protection
Highlighted reforms to enhance predictability of treaty standards
Proposed adjustments to prevent abuse of the arbitration process
Discussed potential benefits of a standing mechanism over ad hoc procedures

Dmitry Semenovich Belkin (2016) studied this question.

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