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Bridging Legal Regimes: The Convergence And Conflict Between WTO Dispute Settlement And Investor-State Arbitration




Anushree Goel, O.P Jindal Global University, Sonipat, Haryana


ABSTRACT


As trade and investment rules collide, can a state protect its people without risking legal blowback? This paper explores the rising tensions between WTO dispute settlement and investor state arbitration. Though built on similar principles like National Treatment and MFN, the two regimes often produce conflicting outcomes. Case studies from Philip Morris to Argentina’s crisis show how investors exploit gaps to challenge public interest policies. The result is legal uncertainty and policy paralysis. This paper calls for treaty reform, joint interpretations, and a unified appellate structure to turn fragmentation into coherence and restore balance between investor rights and sovereign policy space.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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