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Investor-State Dispute Settlement (ISDS) in the Energy Sector: A Poisonous Gift for Developing Countries?

Investor-State Dispute Settlement (ISDS) in the Energy Sector: A Poisonous Gift for Developing Countries?
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Author(s): Delphine Defossez (Northumbria University, UK)
Copyright: 2022
Pages: 24
Source title: Handbook of Research on Energy and Environmental Finance 4.0
Source Author(s)/Editor(s): Abdul Rafay (University of Management and Technology, Pakistan)
DOI: 10.4018/978-1-7998-8210-7.ch001

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Abstract

The creation of an international energy market has brought along new challenges. In order to palliate any abuse towards the foreign investors, a strong protection framework was developed: the so-called investor-state dispute settlement (ISDS) coupled with the arbitration. Recent cases have, however, highlighted that private institutions are becoming so powerful that they can prohibit states from implementing changes without being threatened by arbitral proceedings. This threat works as a limitation of state sovereignty. Currently, the system puts the interests of private corporations above the needs of the population. ISDS in the energy sector has always been a poisoned gift for developing countries.

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