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).
Adam H. Bradlow,
Human Rights Impact Litigation in ISDS: A Proposal for Enabling Private Parties to Bring Human Rights Claims through Investor-State Dispute Settlement Mechanisms,
Yale J. Int'l L.
Available at: https://digitalcommons.law.yale.edu/yjil/vol43/iss2/4