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Étude de Cas: L'Incohérence dans la Jurisprudence


Students making a presentation on the National Treatment project (above).

Clinic: uOttawa-Queen's Joint Clinic, Spring 2018

Beneficiary: Global Affairs Canada


To read and download the full report in French, please visit here.


The uOttawa students of the uOttawa-Queen's Joint Clinic carried out two projects for Global Affairs Canada related to the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform.


Background:


The United Nations Commission on International Trade Law (UNCITRAL) gave its Working Group III the responsibility to work on the reform of investor-state dispute settlement (ISDS). The mandate of the working group is to identify the growing concerns surrounding ISDS, to determine whether reforming the ISDS system is advisable, and if so, to make recommendations to the UNCITRAL Commission.


Both projects undertaken by the uOttawa-Queen's Joint Clinic are focused on the threshold question under discussion in UNCITRAL Working Group III: whether investor-state awards have been inconsistent, and whether the ISDS system is inconsistent and incoherent, as alleged by critics.