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From the beginning of the twenty-first century, the investor-state dispute settlement (ISDS) was undergoing legitimacy crisis. Both developing and developed countries took measures to reform ISDS by limiting or even abandoning ISDS at their domestic level or treaty practice. On the part of developing countries, many of them revert to traditional and conservative attitudes toward ISDS. On the part of developed countries, they modify some of the ISDS rules or create new rules. These new developments reflect that certain kind of emerging consensus is being reached between developing and developed countries.

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The Investor-State Dispute Settlement Mechanism: New Developments in the Early Twenty-First Century

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  • 发表日期：

    2025年

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  • Huiping Chen

摘要

From the beginning of the twenty-first century, the investor-state dispute settlement (ISDS) was undergoing legitimacy crisis. Both developing and developed countries took measures to reform ISDS by limiting or even abandoning ISDS at their domestic level or treaty practice. On the part of developing countries, many of them revert to traditional and conservative attitudes toward ISDS. On the part of developed countries, they modify some of the ISDS rules or create new rules. These new developments reflect that certain kind of emerging consensus is being reached between developing and developed countries.