Spätestens seit dem Einstieg des chinesischen Schiffskonzerns China Ocean Shipping Company (COSCO) im Hamburger Hafen wird die Rolle der Investitionskontrolle auch im Bereich maritimer Infrastrukturen öffentlich intensiv diskutiert. Als maritime Infrastrukturen werden gemeinhin...

The reform option on the Standing Multilateral Mechanism (SMM) currently under discussion at UNCITRAL's Working Group III (WGIII) has raised a number of important, systemic concerns for the procedural reforms of investor-State dispute settlement. This paper first seeks to situate the discussions...

The European Commission published its new Digital Finance Strategy on 24 September 2020 (DFS 2020). One of the centerpieces of the Strategy is the draft regulation on a pilot regime for market infrastructures based on distributed ledger technology (known as PilotR). The PilotR Proposal foresees...

Middle East and North Africa Investment Policy Perspectives highlights the considerable progress in investment policies made by the region’s governments over the past decade. Yet, the reform momentum needs to be sustained and deepened for the benefits of investment to be shared with society at...

One of the fastest growing areas of international law in recent times is also one of the most controversial. Between 1990 and 2010, the number of investment treaties surged from less than 500 to over 3,000. Through this expansion, foreign investors gained extensive rights to sue sovereign states...

When foreign investment meets China : legal developments and legal landscape (1978-2018) -- New bottle or old wine? -- Major changes in Foreign Investment Law 2019 -- Negative list : a changing governance model -- Intellectual property protection in domestic and bilateral contexts -- Another...

While Central Asia has proven relatively resilient to the shocks of COVID-19, China’s slowdown and Russia’s war in Ukraine, declining trend rates of growth across the region, lacklustre productivity performance and lingering global uncertainty underscore the need to address weaknesses in the...

Abstract What role should concerns about distributive justice play in international investment law? This paper argues that answers to fundamental and contestable questions of social and global distributive justice are a necessary, if implicit, premise of international investment law. In...

Germany and China are attractive investment locations. Despite some successful reciprocal take-overs, transactions often fail. There are a number of reasons for this, including different political and legal systems, cultural differences, and financial hurdles, which this volume makes accessible...

Recent data show that the institutional content of preferential trade agreements has evolved over time. Although pre-1990s preferential trade agreements mostly focused on tariff liberalization, recent agreements increasingly contain deep provisions in diverse areas, such as intellectual property...

Bangladesh is considered as one of the emerging markets for making an investment to the investors of the world due to its promising and consistent GDP growth. The United Nations (UN) Committee for Development Policy (CDP) which is a subsidiary body of Economic and Social Council (ECOSOC) of the...

“Meeting environmental objectives are part of a dynamic and integrated process in which economic, social and environmental objectives are closely intertwined”. This declaration made at the Rio+20 Declaration on Justice, Governance and Law for Environmental Sustainability encapsulates the...

Recent data show that the institutional content of preferential trade agreements has evolved over time. Although pre-1990s preferential trade agreements mostly focused on tariff liberalization, recent agreements increasingly contain deep provisions in diverse areas, such as intellectual property...

Recent developments in investor-state arbitration portrays most-favoured-nation (MFN) standard as a limitless provision to attract third party treaties. There is no jurisprudence constante as to its nature and scope under international investment law. Textual differences of the clause in...

Fair and equitable treatment is one of the most important rules of international investment law, yet the vagueness of its textual expression causes considerable problems in interpretation and application. In the absence of clear textual guidance, tribunals and legal writers have sometimes turned...