Separation of Trade Law Powers
Separation of Trade Law Powers
This Note provides the first account of how private investors and domestic communities can intentionally and systematically use the Investor-State Dispute Settlement (ISDS) regime to vindicate human rights claims. It offers a strategic roadmap for social impact bondholders and domestic actors to advance human rights by rooting their ISDS claims in three legal concepts: indirect expropriation, fair and equitable treatment, and the Tokios Tokelés doctrine.
CITATION: Claussen, Kathleen. Separation of Trade Law Powers . Yale : Yale University Press , 2018. Yale Journal of International Law, Vol. 43, IssueNo. 2, Winter 2018, pp. 355-390 - Available at: https://library.au.int/separation-trade-law-powers-0