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Journal of International Dispute Settlement
Article . 2024 . Peer-reviewed
License: CC BY NC ND
Data sources: Crossref
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Brage INN
Article . 2024
Data sources: Brage INN
SSRN Electronic Journal
Article . 2024 . Peer-reviewed
Data sources: Crossref
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The afterlife of ISDS awards: post-award settlements and the limits of transparency reforms

Authors: Yuliya Chernykh; Mavluda Sattorova;

The afterlife of ISDS awards: post-award settlements and the limits of transparency reforms

Abstract

Abstract Post-award settlements in investor–state dispute settlement (ISDS) remain largely unstudied. One of the reasons for this gap in knowledge is the lack of transparency in the post-award phase of the relationship between investors and host states. The primary objective of this article is to use novel empirical data to explore the transparency gaps and absences in the post-award phase of ISDS. We seek to challenge the prevailing notions of finality of ISDS awards and highlight the need to re-think the end goals of transparency considering the significant public policy implications post-award agreements may engender. The veil of secrecy that continues to shroud the world of post-award settlements raises a number of issues that go to the heart of the ongoing debate about the workings of ISDS, its legitimacy and the role of openness and accountability therein.

Country
Norway
Keywords

VDP::Samfunnsvitenskap: 200::Rettsvitenskap: 340

  • BIP!
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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    1
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
Green
hybrid