Publication

This paper analyzes Canada’s position as a frontrunner in investor-state arbitration practices (ISA), with a particular emphasis on Ottawa’s attempts to maintain a ‘regulatory space’ for governments while also protecting foreign investors. Striking a balance between these two imperatives isn’t as easy as it might seem, especially given 1) the distinctions made between foreign and national investors, and 2) the misuses of most favored nation (MFN) and fair and equitable treatment (FET) treaty clauses. Given these problems, the paper recommends assorted reforms and examines Canada’s role in shaping the future of ISA between developed democracies.