Call for Submissions | Volume 16(2) of the Indian Journal of International Economic Law (IJIEL) | Developing Countries and the Future of ISDS
July 16, 2025
The Indian Journal of International Economic Law (IJIEL), published by the National Law School of India University, Bengaluru, under the patronage of the WTO Chair, is now accepting submissions for its upcoming Volume 16(2), which will focus on Developing Countries and the Future of Investor-State Dispute Settlement (ISDS).
About the Theme
ISDS is a central mechanism in international economic law, empowering foreign investors to bring claims against sovereign States. Despite this, the perspectives of developing countries—who are most frequently the respondents—remain marginalized in mainstream academic and policy discourse.
This Special Issue aims to foreground the experiences and priorities of developing nations at a moment when the ISDS system is under increasing scrutiny. As of 2023, over 1,330 known ISDS cases have been filed globally, with nearly 62% involving developing-country respondents. Concerns have mounted over “regulatory chill,” where governments delay or dilute social and environmental reforms for fear of triggering high-value claims.
Against the backdrop of global reform efforts (such as UNCITRAL Working Group III), this issue invites contributions that critically examine the legal, economic, and institutional aspects of ISDS from the vantage point of developing countries.
Suggested Sub-Themes
We welcome submissions on topics including but not limited to:
- Compensation in Investment Arbitration: Evolving standards and valuation controversies in ISDS damages (e.g., speculative future profits, disproportionate awards).
- Beyond Investment Arbitration: Alternatives such as mediation, multilateral courts, or state-to-state resolution; analysis of their viability for developing countries.
- ISDS and Climate Change: Investor challenges to environmental policies; treaty carve- outs; tensions between investment protection and sustainability.
- Procedural and Interpretational Issues: Jurisdiction, bifurcation, cost allocation, transparency, and evolving doctrinal standards (e.g., fair and equitable treatment, expropriation).
- Third Party Funding (TPF): Growing use of TPF in ISDS; implications for access to justice, fairness, and regulatory responses.
Comparative and interdisciplinary approaches are encouraged.
For more details, read the concept note here.
Submission Guidelines
- Submissions for the special issue may be made in accordance with our Submission Guidelines under any of the mentioned categories. For further clarity on the categories, please refer here.
- Interested authors are requested to submit their manuscripts via our Digital Commons portal. Please refer to this guide for instructions and clarifications with respect to navigating Digital Commons.
- The deadline for submissions is 15th October 2025.
Please note that we do not accept submissions over email.