A Losing Proposition: The Failure of Canadian ISDS Policy at Home and Abroad

Hadrian Mertins-Kirkwood

There has been a debate over Investor-State Dispute Systems (ISDS), a process for resolving settlement disputes between foreign investors and national governments. Many people argue that ISDS is used to challenge actions taken by the state to protect the environment, public health or other important policy decisions. This report provides background information on the ISDS process, conducts a quantitative analysis to identify trends in the use of ISDS by Canadian investors, explores ISDS through various case studies and discussed policy implications for Canada.