Jenner & Block

“The Role of the State and the ISDS Trinity,” American Journal of International Law

In this article, Jenner & Block Partner Patrick W. Pearsall discusses investor-state dispute settlement, or ISDS.  He focuses on the tripartite role of the state itself, specifically what he calls the “ISDS Trinity”: the state’s systemic role as 1. law-giver; 2. protector of investment; and 3. respondent.  He observes that “the ISDS Trinity sheds additional light on whether a reform to the system will be well-received by a state and thus enjoy a greater chance of adoption.”