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...

The unclarity and uncertainty in international customary law, which governed foreign investments during the colonial era and resistance of the developing countries to the vague norms of the customary law, after the colonial era, prompted states to seek more certain and stable legal framework for...

Halting the ongoing global loss of biodiversity will require extensive phase-out of harmful production. A significant share of the affected production will be foreign-owned, and can therefore potentially be covered by investment treaties. These treaties are sometimes alleged to dissuade host...