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"Investor-state dispute settlement: crossing boundaries?" [2019] ELECD 2383; in Brown, E.L. Abbe (ed), "Intellectual Property, Climate Change and Technology" (Edward Elgar Publishing, 2019) 265

Book Title: Intellectual Property, Climate Change and Technology

Editor(s): Brown, E.L. Abbe

Publisher: Edward Elgar Publishing

Section: Chapter 8

Section Title: Investor–state dispute settlement: crossing boundaries?

Number of pages: 46

Abstract/Description:

This chapter explores the risks and opportunities posed by investor-state dispute settlement to the solutions which have been developed for use at national level - another example of imbalance and barriers across different areas of law. After analysing the growth of and challenge to investor state dispute settlement, and the increasing place of IP and non-trade factors within it, this chapter proposes new model clauses for investor-state dispute settlements which would reduce the prospects of the national solutions being challenged from this new perspective.