ISDS and States’ Ability to Deal with Financial Crisis
Published in Journal of International Arbitration, 2023
With Therese Wilson and Shanayah Sharif. An empirical study of “carve outs” for financial regulation in the eighty-five bilateral investment treaties and free trade agreements signed between 2015 and 2019, identifying three primary types of carve out and assessing how effectively they protect state sovereignty against investor-state dispute settlement claims. The article concludes with recommended model clauses. Available via the publisher.
Recommended citation: Therese Wilson, Yuri Banens and Shanayah Sharif, ‘ISDS and States’ Ability to Deal with Financial Crisis’ (2023) 40(3) Journal of International Arbitration.
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