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Research Article
The Return of the State and the Reform of the International Investment Dispute Settlement Mechanism: Reasons and Reflections
Yanyan Tang*
,
Qingxia Guo
Issue:
Volume 8, Issue 3, September 2025
Pages:
140-151
Received:
9 May 2025
Accepted:
26 May 2025
Published:
30 June 2025
Abstract: In recent years, as economic globalization has deepened, international investment has expanded rapidly. This growth has been accompanied by a surge in investment disputes, making the reform and development of the international investment dispute settlement mechanism one of the most important topics in international investment governance. As criticisms of investor-state dispute settlement (ISDS), the dominant mechanism for resolving international investment disputes, have intensified, the evolution of dispute settlement provisions in certain international investment agreements reveals a significant shift, with some treaties reinstating a state-centric paradigm in the design of investment dispute settlement mechanisms. This transformation has brought the role of the state back to the forefront of debate in the field of investment dispute resolution. This paper asks whether, and why, states are reclaiming a central role in investment treaty dispute settlement, as evidenced by Brazil’s Cooperation and Facilitation Investment Agreement (CFIA) dispute settlement model, the Sustainable Investment Facilitation Agreement (SIFA) between Angola and the European Union, and the Free Trade Agreement between the Southern Common Market and Singapore (MCSFTA). By investigating the underlying drivers behind the renewed prominence of state-led approaches, the article offers policy recommendations for the future reform of investment dispute settlement mechanisms in light of these developments.
Abstract: In recent years, as economic globalization has deepened, international investment has expanded rapidly. This growth has been accompanied by a surge in investment disputes, making the reform and development of the international investment dispute settlement mechanism one of the most important topics in international investment governance. As critici...
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Research Article
Environmental Justice in the Light of Cameroonian Positive Law
Issue:
Volume 8, Issue 3, September 2025
Pages:
155-166
Received:
9 May 2025
Accepted:
3 June 2025
Published:
7 July 2025
Abstract: Environmental justice in Cameroon is the recognition of fundamental environmental rights and the guarantee of their respect, while taking into account social and economic inequalities. It aims to protect the environment, particularly for the most vulnerable populations, and to combat the injustices caused by pollution, deforestation, and climate change. It aims to share the benefits and burdens of natural resources fairly among all members of a human community. However, to achieve this justice, it is obvious that the right of access to them must be one of the most important procedural rights because it allows for the protection of both human and nature rights. In Cameroon, it involves several aspects, namely: (1) Environmental protection for all. The right to a healthy environment is constitutionally recognized, and the state has the responsibility to protect it. (2) Guaranteeing access to resources. Environmental justice aims to ensure that local populations have access to, control over, and use of natural resources, taking into account their needs and traditional rights. (3) Combating injustice. It involves taking into account environmental impacts on the most vulnerable populations and combating social inequalities linked to pollution and environmental degradation. (4) Promoting sustainable development. Environmental justice is closely linked to sustainable development, which aims to balance economic, social, and environmental needs. Clearly, the objective of this article is to raise awareness among the public, public and political actors, legal professionals, civil society organizations, and the media about the consequences of environmental injustices for the protection of substantive human and nature rights.
Abstract: Environmental justice in Cameroon is the recognition of fundamental environmental rights and the guarantee of their respect, while taking into account social and economic inequalities. It aims to protect the environment, particularly for the most vulnerable populations, and to combat the injustices caused by pollution, deforestation, and climate ch...
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Review Article
Engaging with the Principle of Non-discrimination to Protect Women’s Land Rights in Tanzania
Laurent Agola*
Issue:
Volume 8, Issue 3, September 2025
Pages:
167-176
Received:
6 June 2025
Accepted:
23 June 2025
Published:
19 July 2025
DOI:
10.11648/j.ijls.20250803.13
Downloads:
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Abstract: This article underlines how the principle of non-discrimination on the basis of sex has been applied as a tool for enhancing women’s land rights in Tanzania. Despite the fact that the Constitution of the United Republic of Tanzania and various statutory laws guarantee equality and non-discrimination, implementation gaps remain and women continue to face barriers in land ownership and control, particularly in rural areas where customary law and patriarchal practices prevail. The research was motivated by persistent gender-based disparities in ownership and control of land, rooted in customary practices, patriarchal norms, and weak enforcement of relatively gender-sensitive statutory laws. Contribution is made through a review of current legal framework and scholarly documents relating to women’s land rights in Tanzania. The study places particular focus on examining how courts have been engaging with the constitutional and human rights principle of non-discrimination to address the problem of gender discrimination which exists in customary law governing land relations. It also provides an overview of challenges associated with enforcement of women’s right to non-discrimination in land rights and suggests some measures aimed at bridging the gap between legal guarantees and realities on the ground to alleviate gender-based discrimination in access to land and control over land. It is argued that advancing women’s land rights in Tanzania requires not only legal reforms and sustained application of the non-discrimination principle, but also transformative approaches to address patriarchal norms, and intensified campaigns for imparting knowledge of land rights and human rights among men and women.
Abstract: This article underlines how the principle of non-discrimination on the basis of sex has been applied as a tool for enhancing women’s land rights in Tanzania. Despite the fact that the Constitution of the United Republic of Tanzania and various statutory laws guarantee equality and non-discrimination, implementation gaps remain and women continue to...
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