Much has been recently written about the Multilateral Agreement on Investment (MAI) that has been negotiated by OECD countries. Perhaps even more has been said by the critics of those who would like to see an agreement of this kind extended among other countries. There has indeed been a great...

We argue that competitive diffusion is a driver of the trend toward international investment agreements (IIAs) with stricter investment rules, namely defensive moves of developing countries concerned about foreign direct investment (FDI) diversion in favor of competing host countries. Accounting...

We argue that the trend toward international investment agreements (IIAs) with stricter investment rules is driven by competitive diffusion, namely defensive moves of developing countries concerned about foreign direct investment (FDI) diversion in favor of competing host countries. Accounting...

The TRIPs plus phenomenon (additional steps to strengthen the Agreement on Trade-Related Aspects of Intellectual Property Rights) tends to be attributed to the regional and bilateral efforts of the United States. This paper suggests that such a perception is mistaken. The EU certainly seeks to...

This paper analyzed Chinese enterprises' outward foreign direct investment (OFDI) from the perspectives of Bilateral Investment Treaties (BIT) and enterprise heterogeneity. Firstly, in terms of BIT, we found that the existing literature was mainly focused on BIT and developed countries'...

We analyze the optimal design and implications of international investment agreements. These are ubiquitous, potent and heavily criticized state-to-state treaties that compensate foreign investors against host country policies. Optimal agreements cause national but not global underregulation...

Over the last few years, the right to regulate has evolved from a rather inconspicuous, mistrusted concept to a necessary component of international investment agreements. This brief study offers a complementary account of the right to regulate compared to the author’s treatment of the topic a...

This paper investigates the design and implications of international investment agreements. These are ubiquitous, potent and heavily criticized state-to-state treaties that protect foreign investment against host country policies. We show that optimal agreements cause national but not global...

Since the inception of the international investment law system, investment promotion and protection have been the raison d’être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative...