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14 The Objections of Developed and Developing States to Investor-State Dispute Settlement, and What They Are Doing about Them

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Chapter Summary

Australia's 2011 policy change is one recent and, because it comes from a developed country, perhaps the most striking example in a series of actions taken by both developed and developing states to modify their future practice with respect to investment treaties and, in some cases, to modify their existing treaty commitments. This chapter examines the actions of both developing and developed countries and suggests that, for the most part, these actions have been more appropriate responses to the underlying concerns of the states involved than at first may appear. Because they in fact have little in common, the chapter examines the concerns of developing and developed countries separately. Many developed countries have expressed concern that investment agreements limit their ability to implement measures designed to protect the environment, health, or public welfare generally.

Keywords: developing states; environment; health; public welfare; treaty commitments



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