Research Article
The Return of the State and the Reform of the International Investment Dispute Settlement Mechanism: Reasons and Reflections
Yanyan Tang*
,
Qingxia Guo
Issue:
Volume 8, Issue 3, September 2025
Pages:
140-151
Received:
9 May 2025
Accepted:
26 May 2025
Published:
30 June 2025
Abstract: In recent years, as economic globalization has deepened, international investment has expanded rapidly. This growth has been accompanied by a surge in investment disputes, making the reform and development of the international investment dispute settlement mechanism one of the most important topics in international investment governance. As criticisms of investor-state dispute settlement (ISDS), the dominant mechanism for resolving international investment disputes, have intensified, the evolution of dispute settlement provisions in certain international investment agreements reveals a significant shift, with some treaties reinstating a state-centric paradigm in the design of investment dispute settlement mechanisms. This transformation has brought the role of the state back to the forefront of debate in the field of investment dispute resolution. This paper asks whether, and why, states are reclaiming a central role in investment treaty dispute settlement, as evidenced by Brazil’s Cooperation and Facilitation Investment Agreement (CFIA) dispute settlement model, the Sustainable Investment Facilitation Agreement (SIFA) between Angola and the European Union, and the Free Trade Agreement between the Southern Common Market and Singapore (MCSFTA). By investigating the underlying drivers behind the renewed prominence of state-led approaches, the article offers policy recommendations for the future reform of investment dispute settlement mechanisms in light of these developments.
Abstract: In recent years, as economic globalization has deepened, international investment has expanded rapidly. This growth has been accompanied by a surge in investment disputes, making the reform and development of the international investment dispute settlement mechanism one of the most important topics in international investment governance. As critici...
Show More
Research Article
Environmental Justice in the Light of Cameroonian Positive Law
Issue:
Volume 8, Issue 3, September 2025
Pages:
155-166
Received:
9 May 2025
Accepted:
3 June 2025
Published:
7 July 2025
DOI:
10.11648/j.ijls.20250803.12
Downloads:
Views:
Abstract: Environmental justice in Cameroon is the recognition of fundamental environmental rights and the guarantee of their respect, while taking into account social and economic inequalities. It aims to protect the environment, particularly for the most vulnerable populations, and to combat the injustices caused by pollution, deforestation, and climate change. It aims to share the benefits and burdens of natural resources fairly among all members of a human community. However, to achieve this justice, it is obvious that the right of access to them must be one of the most important procedural rights because it allows for the protection of both human and nature rights. In Cameroon, it involves several aspects, namely: (1) Environmental protection for all. The right to a healthy environment is constitutionally recognized, and the state has the responsibility to protect it. (2) Guaranteeing access to resources. Environmental justice aims to ensure that local populations have access to, control over, and use of natural resources, taking into account their needs and traditional rights. (3) Combating injustice. It involves taking into account environmental impacts on the most vulnerable populations and combating social inequalities linked to pollution and environmental degradation. (4) Promoting sustainable development. Environmental justice is closely linked to sustainable development, which aims to balance economic, social, and environmental needs. Clearly, the objective of this article is to raise awareness among the public, public and political actors, legal professionals, civil society organizations, and the media about the consequences of environmental injustices for the protection of substantive human and nature rights.
Abstract: Environmental justice in Cameroon is the recognition of fundamental environmental rights and the guarantee of their respect, while taking into account social and economic inequalities. It aims to protect the environment, particularly for the most vulnerable populations, and to combat the injustices caused by pollution, deforestation, and climate ch...
Show More
