Many countries want to move toward the "digital economy," an arduous journey that can be facilitated by FDI's catalytic power. This Perspective suggests that countries should make sure that their promotion, incentive and entry policies are aligned to this strategic objective and it provides...

The WTO Investment Facilitation for Development Agreement (IFDA) offers significant development perspectives by speeding up and streamlining administrative procedures and reducing transaction costs. Domestic regulatory reforms, combined with comprehensive special-and-differential treatment as...

Mine closure and remediation must be treated as integral to the mining life cycle, not an afterthought. Authorities should enforce strong legal, financial and contractual safeguards to protect the environment and communities, ensuring multinational operators bear full responsibility for...

This Perspective focuses on the thorny interplay between the global minimum tax regime and the global investment regime. Within that 'niche' of a high level of complexity and thus specialization, the Perspective answers the question: how best to minimize conflicts between those regimes.

Positive obligations stemming from international human rights law require states to realize fundamental rights. This Perspective argues that those human rights obligations may serve as basis for the conceptualization of a duty to regulate in investment law. Furthermore, it reflects on the...

Economic downturns and geopolitical tensions fuel protectionism, leading to trade barriers and competition policy manipulation to restrict FDI deemed harmful to national interests and favor domestic firms. National and international reforms are essential. Given challenges in global cooperation,...

This Perspective outlines the avenues, and potential obstacles, that may be encountered when a foreign investor challenges a state's invocation of national security interests in an international arbitration setting. This Perspective additionally considers the implications that increasingly...

This Perspective argues that international arbitration can and should play a primary role in the resolution of climate-change disputes, rather than playing a secondary role in the shadow of climate litigation, considering both its comparative advantages over litigation and the evolving...

This Perspective juxtaposes Pillar 2 minimum-tax rules and outcomes with the urgent need for increased climate investment in developing states. It rationalizes the role of incentives in climate-aligned investment, international-law principles such as the...

This Perspective discusses the fiscal and economic impacts of the global minimum tax; currently being implemented by many countries around the world. The global minimum tax is expected to raise tax revenues, reduce profit-shifting, and allow jurisdictions to strike a better balance between...