| Popis: |
This chapter discusses three findings of a study on whether investor–state dispute settlement (ISDS) has contributed to changes in government decision-making about environmental protection in Ontario, Canada. These findings are: (1) ISDS puts pressure on government decision-making due to the financial and political risks, the opportunity costs that ISDS creates for government, and as a consequence of the career risks that it creates for individual officials; (2) ISDS pressures may be overcome, especially where there is a strong political commitment to a proposed measure backed by legal capacity to scrutinize purported ISDS risks critically and throughout the policymaking process; (3) the assessment of trade or ISDS risks involves value choices and ISDS-generated changes to decision-making processes elevate the role of ‘trade values’ over competing values associated with health and environmental protection. |
