Self-judging "essential security interest" clauses permit a state to act as "it considers necessary" for the protection of such interests. This Perspective examines trends in their diffusion and scope, and outlines suggestions for treaty drafters to consider when balancing the desire for...

This Perspective outlines the avenues, and potential obstacles, that may be encountered when a foreign investor challenges a state's invocation of national security interests in an international arbitration setting. This Perspective additionally considers the implications that increasingly...

This Perspective outlines the avenues, and potential obstacles, that may be encountered when a foreign investor challenges a state's invocation of national security interests in an international arbitration setting. This Perspective additionally considers the implications that increasingly...

Over the past two decades or so, countries have liberalized their FDI regulatory frameworks and have put in place an international investment law regime that provides various protections for international investors. In the past few years, however, there are signs that countries are reevaluating...