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This chapter examines the shortcomings of the ICS under CETA and the proposed MIC in safeguarding states’ regulatory autonomy and granting legal standing to third parties affected by foreign investment. The authors propose addressing these issues by introducing investor obligations through ESG clauses and allowing third parties to bring claims for breaches. They also consider potential challenges, including the impact on arbitration efficiency and limitations within public international law.
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Routledge/UACES CES Book Series
No