The Netherlands has published its new model bilateral investment treaty. The treaty would place its enforcement under U.S. and Dutch influence. It combines invasive, far reaching rights for multinationals with a biased enforcement system.
An investment treaty gives multinationals far reaching rights to challenge government decisions. Its enforcement mechanism, investor-to-state dispute settlement, or ISDS, is widely criticised. See for instance George Kahale, III, ISDS: The wild, wild west of international law and arbitration.
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