EU member state investment treaties have been criticized for potentially deterring EU countries from pursuing desirable policy measures. This paper explores whether these treaties can nonetheless serve a beneficial geoeconomic function for the EU by safeguarding EU investments in five minerals...

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...

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...