Countermeasures are well recognized under Customary International Law and have been incorporated into the WTO Dispute Settlement Understanding as a mechanism to facilitate compliance, subject to an authorization by the WTO Dispute Settlement Body. However, such a countermeasure — increased...

In this paper, I highlight that international investment law, as a subsystem, should evolve to accept rules from other subsystems of law, e.g., human rights, trade (WTO law and RTA law), and environmental. This proposed evolution would need to include the acceptance of new tools that would help...

As China's outward foreign direct investment (FDI) has grown, its approach to international investment agreements (IIAs) has changed. China is now one of the world's most important outward investors, with Chinese FDI facing widespread criticism. The challenge for China is to adapt to this new...

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

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 article makes a major contribution to the emerging Belt and Road Initiative scholarship (and international economic law) by highlighting that (i)China’s existing investment treaty network along the Belt and Road is dated, (ii) many or most of those treaties include Most Favored Nation...

The paper advances the paradoxical thesis that international investment law is developing towards a multilateral system of investment protection on the basis of bilateral treaties. Despite the infinite fragmentation of substantive investment law, coupled with arbitration as a decentralized...

India has a long history of economic linkages with the EU member states. In recent period, the volumes of Indo-EU trade both in case of merchandise products and services have considerably increased and a number of investment collaboration opportunities are emerging. Since 2007 the two sides are...

This article analyses the consequences of the shift of competence for Foreign Direct Investment (FDI) from the Member States to the EU. More specifically, the article focuses on the increasing interaction between European law and investment law, which is fueled by the changes of the Lisbon...