This paper reviews the relationship between international investment agreements (IIAs) and foreign direct investment (FDI). It is organised in two parts. The first part explores the generic structure of IIAs and highlights the components that are particularly relevant to FDI. It then gives an...

The interpretation of public policy exceptions is proving to be one of the biggest conundrums of international investment law and makes the application of international investment treaties unpredictable. This Perspective explains why public policy exceptions have not reached their full potential...

In recent years, the negotiation and conclusion of international investment agreements (IIAs) in Latin America has gone hand-in-hand with a rethinking of investment standards and the elaboration of new IIA models. This is evident, among others, in Brazil’s cooperation and facilitation...

In modern day investment arbitrations, states can no longer be seen as passive players suffering through a process conducted at their expense. They possess an impressive arsenal of means which enable them to “strike back” once an investor contemplates or has initiated arbitration. Although...

The interpretation of public policy exceptions is proving to be one of the biggest conundrums of international investment law and makes the application of international investment treaties unpredictable. This Perspective explains why public policy exceptions have not reached their full potential...

Disenchantment with investment law's traditional laissez-faire liberalism is influencing the EU's investment policies. In particular, evidence suggests that future EU investment agreements will aim to emulate EU FTAs in incorporating regulatory flexibility, pointing towards a policy shift in...

Since the Treaty of Lisbon, the European Commission has designed an innovative investment policy, leaving in the shadows another powerful actor. And yet, in the post-Lisbon era, the European Parliament enjoys extensive powers in the formulation of the EU's investment policy.

The nationality of judges on the international bench can impact their decisions by making them partial to their home countries. In light of the efforts to establish a Multilateral Investment Court, this Perspective considers policy options in relation to the nationality of judges, including the...

Spanish Abstract: La idea de crear el Centro de Solución de Controversias en Materia de Inversiones de la Unión de Naciones Suramericanas (UNASUR) (Centro) surgió a partir del año 2008. Ecuador, país miembro de UNASUR que en el año 2009 denunció el Convenio del Convenio sobre Arreglo de...