The current legitimacy crisis of international investment law results primarily from the friction investor-state arbitration creates with domestic public law values. As a response, arbitrators should enculturate public law thinking. They should draw on comparative public law when applying...

The past years have witnessed a shift in the geography of international investment law from a transatlantic to a transpacific perspective. Asia has become the focal point in the field. This Perspective considers to which extent Asian actors can translate their new importance into global...

Divergent models for investment dispute settlement risk producing legal fragmentation. States should consider a Multilateral Institution for Dispute Settlement on Investment (MIDSI) permitting dispute settlement "à la carte". Within MIDSI, a Multilateral Investment Court could settle...

The paper advances the paradoxical thesis that international investment law is developing towards a multilateral system of investment protection on the basis of bilateral treaties. Despite the infinite fragmentation of substantive investment law, coupled with arbitration as a decentralized...

Investment treaty tribunals have been tasked with determining the content of the principle of good faith as it exists in international investment arbitration inter alia as a discipline on whether certain foreign investments or their corporate structure benefit from investment treaty protection....

German Abstract: Der nachfolgende Beitrag arbeitet die Gründe heraus, die für die Aufnahme von Regelungen zur Investor-Staat-Streitbeilegung in EU-Freihandelsabkommen angeführt werden können. Zudem zeigt er, welche Auswirkungen verfassungsrechtliche Wertungen auf die Ausgestaltung des...

This paper uses the example of how corporate nationality is defined in the investment treaty practice of the Federal Republic of Germany as an example of fruitful interaction between private and public international law. It shows how Germany’s investment treaty practice defines German...

This paper examines the different approaches proposed for investment dispute settlement reform by major players in the global North and global South – ranging from incremental changes that respond to specific criticisms of the present-day investor-state dispute settlement system to the...

The paper discusses the diverging decisions of the investment treaty tribunals in Emilio Agustín Maffezini v. Kingdom of Spain and Plama Consortium Limited v. Republic of Bulgaria regarding the question of whether most-favored-nation (MFN) clauses in international investment treaties can apply...

The interaction between private and public in international investment law and investor-state arbitration raises the question of who (arbitral tribunals, home states, host states, investors, or international organisations active in the field of foreign investment) should be responsible for...