Drawing on the case brought against El Salvador by Pacific Rim, the author examines the tension in international investment law between encouraging stability and allowing adaptation to new circumstances and raises a number of resulting concerns about the international arbitration process.

Investment treaty arbitration appears to be a boy's club. Just 4% of individuals appointed as arbitrators in known cases to May 2010 were women. This casts doubt on the system's ad hoc and partly-privatized appointments process. A roster-based model would enable a more deliberative and...

This Perspective summarizes recent research on how investment treaty arbitrators have used their power to review sovereigns. It suggests a need for more scrutiny of arbitrators' performance by other actors, such as national associations of legislators or judges.

The Canada-China BIT requires Canada to open its economy to Chinese investors, while allowing China to retain a closed economy and to keep discriminating against Canadian investors. The treaty also facilitates confidential settlements and sacrifices a longstanding safeguard for Canada's...