Approaches to the Investor-State Dispute Settlement Mechanism Under the Regional Comprehensive Economic Partnership

The Regional Comprehensive Economic Partnership (RCEP), which went into effect on January 1, 2022, is regarded by key trading partners as part of efforts to promote deep integration of the global supply chain following the COVID-19 pandemic. The absence of Investor-State Dispute Settlement (ISDS) provisions in the RCEP is a significant obstacle, which might be at odds with current ISDS protocols under other treaties. This article analyzes the contexts, causes, and impacts of the RCEP’s lack of ISDS regulations, explores the potential for a new ISDS model, and discusses participating countries’ challenges in resolving international investment disputes within the RCEP framework.