This paper studies several relevant cases in the area of investment arbitration. The author stresses how the environmental protection is a very relevant issue in these ICSID´s decisions.

International investment agreements define commitments on investment protection, but also shed light on how these commitments are to be integrated with other public policy objectives. Investment protection in the context of environmental regulation has been a frequent source of controversy and...

Article 5.7 of the sps agreement of the wto seems to provide the only available framework for referring to the precautionary principle as a means of settling international disputes. Yet are we sure it provides the adequate tool for this purpose ? The present article shows there is no...

Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.<p> This statistical survey of a large sample of 1,660 bilateral investment...</p>

Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...

Using the international investment regime as its point of departure, the paper introduces notions of bounded rationality to the study of economic diplomacy. Through a multi-method approach, it shows that developing countries often ignored the risks of bilateral investment treaties (BITs) until...

Using the international investment regime as its point of departure, the paper applies notions of bounded rationality to the study of economic diplomacy. Through a multi-method approach, it shows that developing countries often ignored the risks of bilateral investment treaties (BITs) until they...

Gegenstand der vorliegenden Arbeit ist die Bedeutung von Patentschutzfür den Technologietransfer von Industrie- in Entwicklungsländer. Für den technologischen Wandel in Entwicklungsländern hat Technologietransfer eine hohe Bedeutung, seine genauen Bestimmungsgründe sind jedoch vor allem aus...

Lex mercatoria or Law Merchant (‘LM’) is said to be the self-made law of international commerce. According to its proponents, LM is an autonomous legal order that not only supplements state commercial law, but works as a substitute for it. The ‘ancient’ LM, which accompanied the...

Forces entirely apart from rationality shape commercial law. A turn to aesthetics directs attention to the non-rational elements at play in this law. These suppressed elements privilege commercial actors by deterring consideration of legal limitations on commercial activity that could be...