The rapid rise in global fragmentation - foreign investment, global supply chains, and 'production sharing' - is fundamentally reshaping the multilateral trading system. This paper uses a simple economic modeling framework to understand how the global fragmentation phenomenon may reshape the...

The paper observes that the fragmented international investment law regime is moving toward harmonisation. In the near future, five major agreements could govern a very substantial share of global investment: a United States-China bilateral investment treaty (BIT), a European Union-China BIT,...

This Concept Paper addresses some of the issues raised with respect to the development of an APEC Investment Treaty Handbook. The Paper proceeds as follows. Part 1 sets out the legal and governance challenges posed by investment treaties, giving rise to the need for a resource like the APEC...

Foreign investors' fear of expropriation led to the emergence of the idea of new ways of protection and adequate treatment of foreign investments on the international level. Primarily, the home countries wanted to protect their interests and became the main proponents of the creation of...

As in some developing countries and more recently some developed countries worldwide and in the Asian region, Australia has faced significant internal opposition and public debate especially over treaty-based investor-state dispute settlement (ISDS). As outlined in Part II(1), concerns have...

New Zealand's newly elected Labour coalition government announced in October 2017 that it would not agree to investor-state dispute settlement (ISDS) provisions in future trade and investment agreements, and would try to amend them in the Trans-Pacific Partnership (TPP) agreement. This has...