Asian countries should enhance regional investment facilitation rulemaking despite their diverse level of development. This Perspective discusses the various courses of action Asian countries could take to improve regional investment facilitation rulemaking and the major challenges they face.

With the adoption of the Sustainable Development Goals (SDGs) and the entry into force of the Paris Climate Agreement, the international community has inter alia pledged their commitment to economic development that is consistent with environmental sustainability. This paper focuses on the...

The authors identify several ways in which an investment facilitation framework for development can be insulated from investor-state dispute settlement provisions in international investment agreements, and suggest specific formulations in this respect.

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...

This Perspective discusses the development and features of China's foreign investment complaint mechanism (FICMs) and highlights China's first national FICM's potential roles as an alternative of investment dispute prevention and settlement, a measure of investment facilitation, and a factor in...

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...

Im Dezember 2015 fand die 10. WTO-Ministerkonferenz in Nairobi statt. Nach Ansicht von Heribert Dieter, Stiftung Wissenschaft und Politik, Berlin, kann die Ministerkonferenz einen moderaten Erfolg vorweisen, da einige Beschlüsse gefasst und eine offene Konfrontation vermieden wurden. Deutlich...