Volume 16(2) of IJIEL | Developing Countries and the Future of ISDS

The Indian Journal of International Economic Law (IJIEL), a flagship publication of the National Law School of India University (NLSIU), Bengaluru, under the esteemed patronage of the WTO Chair, is now inviting submissions for Volume 16(2). The upcoming issue will focus on the theme “Developing Countries and the Future of Investor-State Dispute Settlement (ISDS).”

About the Theme

Investor-State Dispute Settlement (ISDS) is one of the most debated mechanisms in international economic law, allowing foreign investors to file claims against sovereign states for alleged treaty violations. However, the perspectives and challenges faced by developing countries—who frequently appear as respondents in such cases—remain largely underrepresented in legal and policy discussions.

As of 2023, over 1,330 ISDS cases have been registered worldwide, with nearly 62% involving developing countries. This raises critical questions about the impact of ISDS on domestic policymaking, especially when concerns of “regulatory chill” arise—where states may hesitate to implement vital environmental or social reforms due to fear of costly international claims.

At a time when global reform initiatives, including those led by UNCITRAL Working Group III, are gaining momentum, this special issue seeks to highlight developing nations’ experiences, policy priorities, and reform perspectives in the evolving ISDS landscape.

Suggested Sub-Themes

The Journal welcomes both theoretical and empirical papers exploring the following (and related) topics:

• Compensation in Investment Arbitration: Re-evaluating valuation standards and compensation methods, including issues like speculative profits and disproportionate awards.
• Alternatives to ISDS: Examining non-arbitration approaches such as mediation, multilateral investment courts, and state-to-state mechanisms—particularly from a developing country perspective.
• ISDS and Climate Change: Analysing investment disputes involving environmental regulations, treaty carve-outs, and the balance between sustainability and investment protection.
• Procedural and Interpretational Challenges: Exploring jurisdictional disputes, transparency, bifurcation, cost allocation, and evolving doctrines like fair and equitable treatment (FET) and expropriation.
• Third-Party Funding (TPF): Assessing the rise of TPF in ISDS and its implications for access to justice, fairness, and global regulation.

The Journal also encourages comparative and interdisciplinary research that bridges law, economics, and international relations.

Submission Guidelines

• Authors may submit their manuscripts under any of the categories listed in IJIEL’s official Submission Guidelines.
• Submissions must be made exclusively through the Digital Commons portal (no email submissions accepted).
• For detailed submission instructions, authors can refer to the official Digital Commons Guide.
• Deadline for submission: November 15, 2025 (extended).

Contact Information

For all queries and clarifications, please contact: 📧 nls.ijiel@gmail.com

For detailed information and concept note, visit the Indian Journal of International Economic Law (IJIEL) portal on the National Law School of India University (NLSIU) website.