This article investigates, from a labour law researcher’s perspective, Investor-State Dispute Settlement (ISDS) of Free Trade Agreements (FTAs): an international arbitration procedure which allows corporations to sue the host government for alleged discriminatory practices against them before ad hoc tribunals. It focuses on the pros and cons of this mechanism for national labour laws, evaluating the possible impact of this mechanism on workers and social rights, exploring whether ISDS and the new ICS (Investment Court System) represent an effective menace of regulatory chill for States.
Investor-State Dispute Settlement (ISDS) from a Labour Law Perspective
CAGNIN V
2017
Abstract
This article investigates, from a labour law researcher’s perspective, Investor-State Dispute Settlement (ISDS) of Free Trade Agreements (FTAs): an international arbitration procedure which allows corporations to sue the host government for alleged discriminatory practices against them before ad hoc tribunals. It focuses on the pros and cons of this mechanism for national labour laws, evaluating the possible impact of this mechanism on workers and social rights, exploring whether ISDS and the new ICS (Investment Court System) represent an effective menace of regulatory chill for States.
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