The rise of commercial space ventures heightens tensions between investor protections and states’ regulatory sovereignty. With dual-use technologies and evolving space law, balancing innovation, security, and sustainability is critical. Coordinated global frameworks and well-grounded national...

El Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI) es la principal institución mundial dedicada a la solución de diferencias relativas a inversiones internacionales. Su objetivo principal es promover la inversión extranjera en sus Estados miembros proporcionando...

This paper examines how international investment agreements constrain the use and effectiveness of capital controls in emerging and developing economies. Leveraging a novel database on the specific content of investment treaties, I identify those that include "macro-stability exceptions", which...

This Perspective focuses on the thorny interplay between the global minimum tax regime and the global investment regime. Within that 'niche' of a high level of complexity and thus specialization, the Perspective answers the question: how best to minimize conflicts between those regimes.

Positive obligations stemming from international human rights law require states to realize fundamental rights. This Perspective argues that those human rights obligations may serve as basis for the conceptualization of a duty to regulate in investment law. Furthermore, it reflects on the...

Using archival material from states, international organizations, and business actors, this paper explores how the Association for the Promotion and Protection of Private Foreign Investments (APPI), a transnational business interest association (BIA), liaised with different international...

EU member state investment treaties have been criticized for potentially deterring EU countries from pursuing desirable policy measures. This paper explores whether these treaties can nonetheless serve a beneficial geoeconomic function for the EU by safeguarding EU investments in five minerals...

Brazil, after signing several traditional Bilateral Investment Treaties without ratifying them, recently shifted towards a different type of bilateral investment agreement, i.e., Investment Cooperation and Facilitation Agreements. Two claims have been made in the literature regarding the...

The global investment regime stands at a crossroads. From the late 1980s onwards, its predominant, if not exclusive focus on economic growth has been increasingly shifting towards sustainable development. The delicate balance between these considerations is reflected in bilateral or multilateral...

Over the past decade, the global adoption of Foreign Direct Investment (FDI) screening mechanisms (ISMs) has surged, reflecting developed countries' policies aiming at restricting FDI on the grounds of broadly defined 'security' or 'national' interests. Recent geopolitical and economic crises...

The Sustainable Development Goals (SDGs) were established to end extreme poverty, tackle inequality and injustice and safeguard against climate change. This Perspective proposes three ways in which future BITs could be redesigned to ensure respect for SDGs and help minimize any negative impact...

This paper summarizes the discussions within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) on the reform of investor-state dispute settlement (ISDS) regarding the two draft provisions on damages prepared by the UNCITRAL Secretariat as part of the...

Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these stranded investments will be foreign-owned, and can therefore be protected by the more than 2,600 investment treaties that are in force worldwide. These treaties' compensation...

We analyze the effect of bilateral investment treaties (BITs) on bilateral foreign portfolio investment in equity and debt securities. We find that expropriation risk and the level of a BIT’s investor protection are complementary. Applying a Poisson Pseudo-Maximum-Likelihood model to a panel...

With investments in outer space growing exponentially and with more states seeking to develop domestic space capabilities, states should be aware of their rights and obligations under international space law and of the potential applicability of investment protection obligations to space...

Foreign investors' fear of expropriation led to the emergence of the idea of new ways of protection and adequate treatment of foreign investments on the international level. Primarily, the home countries wanted to protect their interests and became the main proponents of the creation of...

Purpose - This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion...

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...

Consisting of well over three thousand treaties and seventy thousand legal provisions, international investment law (IIL) constitutes a complex and often impenetrable field for research. While each treaty stands legally on its own, the juridical and historical interlinkages between them are...

FET claims are brought more frequently against economically less well-off States and how the value of the claims poses a challenge to their economies. While reasonable, minds can differ as to the cause of this phenomenon, that is, whether this is due to any particular targeting of the developing...

This article explores the involvement of non-governmental organizations (NGOs) in investor-state arbitration, with a specific focus on their growing recognition as amici curiae, or friends of the court. This paper discusses the significance of NGO arguments in addressing failed water...

Foreign investment is the backbone of Maldives economy. However, the proliferation of investment arbitration against the Maldives may deeply hamper its investment regime. Since Maldives Foreign Investment Law does not refers to any preferred mode of dispute settlement, every investment agreement...

The concept of national security has evolved to address a range of threats, including non-State actors and non-military and non-human threats, such as economic crises, cybersecurity, terrorism, iand climate change. In particular, some States are vigorously expanding the notion of national...

The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key criticism levelled at investment treaty arbitration...

This Perspective argues that two global, Beijing-based institutions - the Asian Infrastructure Investment Bank and the International Commercial Dispute Prevention and Settlement Organization - have an opportunity to contribute to the development of a Beijing-based international investment...

This article makes a major contribution to the emerging Belt and Road Initiative scholarship (and international economic law) by highlighting that (i)China’s existing investment treaty network along the Belt and Road is dated, (ii) many or most of those treaties include Most Favored Nation...

The 2030 Agenda for Sustainable Development is an agreed blueprint for sustainable development, and its 17 Sustainable Development Goals (SDGs) are the means to facilitate this. The SDGs neither conflict with nor hinder taxation or investment policies. At the same time, the globalization of...

Transparency in investment arbitration is a topic of great importance and relevance in the current global economic landscape. Investment arbitration refers to the process by which investors can bring claims against states for alleged breaches of international investment agreements, such as...