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This legal question becomes especially serious because companies like Shell and Exxon-Mobil can bring cases to a jurisdiction that they contributed to creating in the first place – a forum specially fit for their purposes. In the late 1950s, Shell and other oil firms were concerned about maintaining control of the global south’s natural resources. Decolonization was a risk to their business model. They were also worried that governments in both south and north were taking a more active role in the economy. The lawyers of oil firms and international bankers joined forces to imagine a legal regime that would protect their oil and mineral businesses from state intervention. This regime would consist of a structure of international treaties and international arbitration known as investor-state dispute settlement, or ISDS. Although the wording of these treaties remained vague, their expectation was that international arbitration would serve to develop the proper legal rules to

United statesNew jerseyMichaelh haiderArthur deanUniversidad andrJohn blairHartley shawcrossRio tintoInternational centre for settlement of investment disputesInternational association for the promotionRoyal dutch shellEnergy charter treatyStandard oil of new jerseyUnited nations commission on international trade lawInternational chamberGuidelines for international investment