One of the global key drivers of development is investment, with most investors moving from the developed world to invest in the developing regions of the world which are rich in natural resources such as the African continent. These investment activities naturally come with disputes. However,...

Cybersecurity in international investment law and arbitration is a recent point of attention. Foreign investors, as any other businesses, are increasingly subjected to cyberattacks as part of the general rise of cyberattacks. Cyberattacks also have increased in terms of sophistication. The...

International trade and investment agreements are problematic from a participatory rights perspective because they are typically negotiated without adequate opportunities for participation of the public. Such agreements provide for disputes concerning public policy to be decided by private...

International investment agreements (“IIAs”) provide enforceable protections to foreign investors based on the premise that enforceable investor protections will stimulate greater foreign investment flows, which, in turn, are assumed to promote development. However, as understandings of both...

Conventional wisdom holds that lack of government commitment deters foreign investment in developing countries. Yet this explanation is not convincing because some econometric studies have found little support for the role of political risk and host governments can offer upfront subsidies that...

The chapter deals with international investment agreements and financial crises. Arbitral proceedings have highlighted the complex and sometimes problematic tension between necessary state measures to address crisis situations and obligations entered into vis-à-vis foreign investors mainly in...

Vietnam is the second Asian country, after Singapore, to sign a trade and investment agreement with the European Union (“EU”). While opinions regarding its desirability from a human rights perspective differ, it should be noted that the EU is the 5th largest direct investor in Vietnam,...