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Document Type

Article

Abstract

Can private parties use Investor-State Dispute Settlement (ISDS) mechanisms to systematically advance human rights? For at least two decades now, we have known the inverse is possible: private companies can use ISDS mechanisms to stymie human rights. That is the lesson of Ethyl Corporation's 1997 claim challenging a Canadian import ban on the gasoline additive methylcyclopentadienyl manganese tricarbonyl (MMT).

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