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Article
Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada
Osgoode Legal Studies Research Paper Series
  • Gus Van Harten, Osgoode Hall Law School of York University
  • Dayna Nadine Scott
Research Paper Number
26/2016
Available on SSRN.
Document Type
Article
Publication Date
2015
Keywords
  • ISDS, arbitration, regulation, regulatory chill, litigation risk, environmental protection
Disciplines
Abstract

In this paper, we report findings on whether trade and investment agreements that allow for investor-state dispute settlement (ISDS) contribute to regulatory chill. The study focused on whether ISDS contributed to changes in internal vetting of government decisions related to environmental protection in the province of Ontario, Canada. Our main source of information was confidential interviews with insiders, mostly current or former officials in ministries with an environmental or trade mandate. We aimed to advance understanding of litigation risk and government decision-making with a focus on ISDS.

Citation Information
Gus Van Harten and Dayna Nadine Scott. "Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada" (2015)
Available at: http://works.bepress.com/gus_vanharten/69/