This paper considers legal implications that are likely to emerge from the implementation of a TRIPS Waiver decision. Assuming that a Waiver is adopted in the form presented in the May 2021 proposal by South Africa and India et al, we review the interaction between the Waiver and other...

This paper analyzes the impact of bilateral investment treaties (BITs) on sovereign bond returns of 25 emerging markets from 1993 to 2016. Under a BIT, foreign investors can use an international arbitration scheme to enforce compensation claims against the domestic government in case of direct...

Policy makers in the Asia Economic Community (AEC) engaged in the integration of the countries in the region have so far focused their attention on measures affecting commodity markets. Integration of investment activities should follow in the future. To achieve integration, the policy makers...

The international investment agreements (IIAs) are a strategic policy instrument that member countries could use to achieve win-win cooperation. Meanwhile, the extension of the Association of Southeast Asian Nations (ASEAN) membership toward the Regional Comprehensive Economic Partnership (RCEP)...

The past 15 years have seen dramatic changes in Russia's investment treaty and arbitration practice. As a major player in international investment activities and a prominent constituent of the group of 5 BRICS countries which is considered to be a new power hub in international relations in the...

Bilateral Investment Treaties (BITs) allow developing countries to trade some policy autonomy for improved access to internationally mobile capital. While the impact on capital flows is widely written about, BITs' impact on policymaking is typically studied more narrowly in the context of...

Investment treaties currently address two conceptually distinct economic problems. The first is dynamic inconsistency of host state policy – i.e. the possibility that a host state will offer attractive conditions to new foreign investment and then renege on the bargain once the investment has...

Recent jurisdictional decisions suggest that sovereign debt will be subject to bilateral investment treaties (BITs) for the foreseeable future. This Article demonstrates that applying BITs to sovereign bonds threatens to undermine the core economic function of those treaties by encouraging...

Despite growing reference to jus cogens in the jurisprudence of international courts and scholarly writings, the concept remains vague. What is jus cogens? Why does it matter? What are its effects? These questions remain unsettled, and the time is ripe for further in-depth investigation. This...

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss...

China and Europe are two global economic powers and essential parts of the international value chain. Companies on both sides are interested in taking advantage of the opportunities offered by the European and Chinese markets in the form of creating jobs, inducing innovation, and extending their...

Commencing in the 1990s, India signed a number of bilateral investment treaties (BITs), however, after a spate of adverse investor-state dispute settlements (ISDS), India has recently denounced all its erstwhile investment treaties. New investment treaties now need to be negotiated on the basis...

This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...

Using event study methodology, we investigate whether bilateral investment protection treaties afford protection to foreign investors. Examining arbitral decisions for firms from six countries shows that firms that received awards from arbitrators gained in market value by as much as 3%. Per...

We examine whether Bilateral Investment Treaties (BITs), an external governance mechanism, stimulate cross-border mergers by protecting the property rights of foreign acquirers. Exploiting the staggered adoption and bilateral nature of the treaties, we find that BITs have a large positive effect...

The thesis examines the correlation between international- bilateral investment laws with comparative public law in the EU and the difficulties in international investment disputes. The main focus is on how the author outlines investment legal instruments, approaches that could make the EU's...

China has grown into the largest global destination for foreign investment and the second largest outbound investment state. These developments underscore China's centrality to the expansion and stability of the international economic order, not limited to the economic impact of its inbound and...

The objective of this article is to establish a unified conceptual framework for state-owned enterprises in international investment law. I hope to furnish drafters and negotiators with the tools to define state-owned enterprises in accordance with their policy concerns. The central thesis is...

In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...

International investment law and domestic law governing foreign investment strongly influence one another and indeed operate in a relationship of co-dependency or interoperability. Yet the flows between the two bodies of law, and their respective modalities of influence, remain generally...

This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...

The choice for investment arbitration cannot be made without consideration of some relevant factors. The options are usually between the International Centre for Settlement of Investment Disputes (“ICSID”), other institutions or ad-hoc arbitration under the Rules of the United Nations...

This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...

The internationalization of investment by State-owned enterprises is driving the evolution of foreign investment regulation throughout the Western world. National security lies at the heart of host State concerns, yet the contours of the concept remain indistinct. Consequently, State-owned...

This is a book review of a research monograph Arbitrating Brands. In it, the author reviews the contributions of Dr Potocnik and her analysis of trade marks and brands as investment assets. The Philip Morris v Urugay and Philips Morris v Australia cases brought urgency to a better understanding...