The authors analyze empirically whether the impact of BITs and RTAs on bilateral FDI flows depends on the inclusion of two legal innovations: investor-state dispute settlement (ISDS) and pre-establishment national treatment (NT) provisions. Indeed, they find strong evidence that liberal NT...

A multilateral framework for investment (MFI) is not suitable for effectively solving the most pressing challenges in the current international investment regime. It would be more promising to tackle these challenges in the context of regional co-operation, supplemented by co-ordination efforts...

This Perspective argues that since China has been a strong proponent of investment arbitration for more than a decade, Beijing is likely to favor the mechanism in a future EU-China deal – irrespective of whether it is included in the Transatlantic Trade and Investment Partnership agreement.

Investment-facilitation discussions have been dynamic recently in international forums such as the G20 and the WTO. Interestingly, this agenda is pursued by developed and developing countries alike. While multilateral rules would be preferable, a plurilateral agreement negotiated among a group...

The China-EU comprehensive investment agreement (CAI) addresses important issues of market access, regulatory cooperation and sustainable development, but does not include sections on investment protection and ISDS. The ratification of the CAI could be difficult in the EU. Additional efforts are...

The WTO Investment Facilitation for Development Agreement (IFDA) offers significant development perspectives by speeding up and streamlining administrative procedures and reducing transaction costs. Domestic regulatory reforms, combined with comprehensive special-and-differential treatment as...