Traditional economic nationalism, techno-nationalism and national security concerns have converged into a modern industrial policy, which is being pursued by multiple actors, including the US, China, India, Republic of Korea, and the EU. Driven by new subsidy wars, these policies pose a...

There is a growing interest for joint interpretations (JIs) of international investment agreements (IIAs) by state parties. Correct legal characterization of the vast array of JIs is critical to their proper use by tribunals in interpreting IIAs. This Perspective argues that a streamlined...

Economic downturns and geopolitical tensions fuel protectionism, leading to trade barriers and competition policy manipulation to restrict FDI deemed harmful to national interests and favor domestic firms. National and international reforms are essential. Given challenges in global cooperation,...

The benefits of an Investment Facilitation for Development Agreement need not wait for ratification by all signatories or approval from all WTO members. Early implementation can be realized through provisions in signatories' GATT and GATS commitment schedules.

On July 6, 2023, 112 WTO members concluded text negotiations on an Investment Facilitation for Development Agreement. This Perspective outlines its contents, identifies its benefits and suggests further actions that should be taken.

New industrial policies should not aim for self-sufficiency, but rather for more secure supply chains that rely on diversified international suppliers and some domestic suppliers. Because major economies are pursuing similar goals, new industrial policies can conflict with those of friendly...

This Perspective probes the complexities of umbrella clauses in international investment agreements, spotlighting their inherent legal ambiguities and potential for misuse. It advocates for careful negotiation and refinement of these clauses or, alternatively, their elimination to ensure...

With investments in outer space growing exponentially and with more states seeking to develop domestic space capabilities, states should be aware of their rights and obligations under international space law and of the potential applicability of investment protection obligations to space...

This Perspective discusses the latest developments in UNCITRAL of the Advisory Centre on International Investment Dispute Resolution and argues that the Advisory Centre should be established with an initial set-up of headquarters and regional offices in order to effectively deliver its services...