New Article on Investor-State Dispute Settlement and Regulatory Chill
In August 2015, Associate Professor Gus Van Harten (Osgoode Law School) visited PluriCourts. The paper he worked on and presented during his visit is now published under the title "Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada". Read the paper (SSRN).
In this paper, Van Harten and Dayna Nadine Scott (Osgoode Law School) report findings on whether trade and investment agreements that allow for investor-state dispute settlement (ISDS) contribute to regulatory chill. The study focused on whether ISDS contributed to changes in internal vetting of government decisions related to environmental protection in the province of Ontario, Canada. Their main source of information was confidential interviews with insiders, mostly current or former officials in ministries with an environmental or trade mandate. They aimed to advance understanding of litigation risk and government decision-making with a focus on ISDS.