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

Delphine Defossez

doi:10.4018/978-1-7998-8210-7.ch001

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

Delphine Defossez

Northumbria Law School

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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.

Original language	English
Title of host publication	Handbook of Research on Energy and Environmental Finance 4.0
Editors	Abdul Rafay
Place of Publication	Hershey, Pennsylvania
Publisher	IGI Global
Chapter	1
Pages	1-24
Number of pages	24
ISBN (Electronic)	9781799882114
ISBN (Print)	9781799882107
DOIs	https://doi.org/10.4018/978-1-7998-8210-7.ch001
Publication status	Published - Feb 2022

Publication series

Name	Handbook of Research on Energy and Environmental Finance 4.0
Publisher	IGI Global
ISSN (Print)	2327-5677

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 17 Partnerships for the Goals

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10.4018/978-1-7998-8210-7.ch001

Cite this

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

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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language = "English",

isbn = "9781799882107",

series = "Handbook of Research on Energy and Environmental Finance 4.0",

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Investor-State Dispute Settlement (ISDS) in the Energy Sector: A Poisonous Gift for Developing Countries? / Defossez, Delphine.
Handbook of Research on Energy and Environmental Finance 4.0. ed. / Abdul Rafay. Hershey, Pennsylvania: IGI Global, 2022. p. 1-24 (Handbook of Research on Energy and Environmental Finance 4.0).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

TY - CHAP

T1 - Investor-State Dispute Settlement (ISDS) in the Energy Sector

T2 - A Poisonous Gift for Developing Countries?

AU - Defossez, Delphine

PY - 2022/2

Y1 - 2022/2

N2 - 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.

AB - 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.

U2 - 10.4018/978-1-7998-8210-7.ch001

DO - 10.4018/978-1-7998-8210-7.ch001

M3 - Chapter

SN - 9781799882107

T3 - Handbook of Research on Energy and Environmental Finance 4.0

SP - 1

EP - 24

BT - Handbook of Research on Energy and Environmental Finance 4.0

A2 - Rafay, Abdul

PB - IGI Global

CY - Hershey, Pennsylvania

ER -

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

Abstract

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UN SDGs

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