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...

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...

In today’s digitally interconnected world, copyright infringement frequently crosses national borders, presenting complex legal challenges for effective enforcement of intellectual property rights in general, and copyright in particular. This paper examines the challenges associated with...

Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these stranded investments will be foreign-owned, and can therefore be protected by the more than 2,600 investment treaties that are in force worldwide. These treaties' compensation...