Advance consent clauses are the crux of modern bilateral investment treaties. By giving investors direct access to arbitration against states, they make the substantive promises of the treaties credible. They are responsible for the exponential increase in the number of investor-state...

Purpose The purpose of this study is to examine the nature of the protection afforded to foreign investors and whether this protection has been exercised to the detriment of host states. In other words, is the regulatory authority of host states being compromised by the content of the investment...