Re-constructing Dispute Settlement Mechanism in Trade and Investment Agreements: Key considerations for the PACER Plus Negotiating Parties

Taking inspiration from the WTO dispute settlement system and the dispute settlement system established under the North American Free Trade Agreement (NAFTA), this paper will examine the relevance of disputes settlement mechanism in trade and investment agreements. In so doing, it will answer a fundamental question namely whether a single dispute settlement system should be established under PACER Plus or whether it would be necessary to establish a separate mechanism for settling trade disputes and another for investment disputes as is the case under NAFTA owing to the specificities of investment disputes.