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...

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...

In Commission v Hungary, the CJEU found that Hungary failed to fulfil its obligations under EU law by restricting EU investors' rights. This Perspective considers what the judgment means for the future of intra-EU investment protection, and whether it will approximate the level of protection...

The UNGPs require governments to ensure that, when human rights abuses occur in the context of business activities within their territory, the victims of such abuses have access to effective remedies. This Perspective suggests how they may do so in an investment context by merging the "BAT"...

The Equal Representation in Arbitration Pledge, which commits its signatories to improving the profile and representation of women in arbitration, is a laudable step toward increased diversity in arbitration. The next step must be to expand the Pledge's scope of application whilst ensuring it...

TDM CETA Special: The Special Issue contains five main sections, examining key characteristics and innovations of CETA relating to investor-state dispute resolution, state-state dispute resolution, issues of scope and attribution of responsibility to the parties to CETA, the codification of...

The EU has presented a proposal to the US for an Investment Court system to resolve investor-state disputes under the Transatlantic Trade and Investment Partnership. This Perspective discusses the lessons that may be taken from the long-established Arab Investment Court in finalizing the design...

This Perspective considers the idea of a rule-of-law ratings mechanism by a designated agency, rating the degree of respect for the rule of law by domestic courts in a given country or region, in order to determine whether investor-state disputes should be resolved by national courts or...

In allocating costs in investment treaty arbitration, a "loser-pays" principle would incentivize economically-rational behavior by parties, including when deciding whether to bring a claim and/or settle. This principle would promote greater efficiency in investment treaty arbitration.

A number of international organizations have adopted varying approaches to the promotion of sustainable development in international investment – these range from non-binding principles and guidelines to design options for the integration of sustainable development objectives into...