Disputed maritime areas are often sources of valuable natural resources, but they are also often sources of conflict. It is thus important for investors investing in such areas to know the array of investment protection mechanisms available to them. This article examines four such mechanisms...

Sovereign rights in Exclusive economic zones and Continental shelves are functionally limited to the economic exploitation of these zones. Moreover, in the case of disputed maritime zones these sovereign rights are neither exclusive nor necessarily constant. Nevertheless, states are still...

Where the rights of foreign investors are harmed in disputed maritime areas, the question arises whether these investors can invoke international investment agreements (IIAs) to seek redress. IIAs cover both bilateral investment treaties (BITs) and multilateral investment agreements (MIAs). BITs...

Today the assets of foreign investors are protected by three distinct yet overlapping pillars: diplomatic pressure applied by the home state; political risk insurance purchased by the investor; and investor-host state legal arbitration. These pillars represent mutually reinforcing approaches to...

Export growth in India has been much faster than GDP growth over the past few decades. Several factors appear to have contributed to this phenomenon including foreign direct investment (FDI). However, despite increasing inflows of FDI especially in recent years there has not been any attempt to...

Since June 2007, the EU and India have been negotiating a comprehensive free trade agreement, but negotiations broke down in 2013. Nevertheless, both sides have expressed their desire to revive talks on the Broad-based Trade and Investment Agreement (BTIA). To quantify potential economic...

The BRIICS - Brazil, Russia, India, Indonesia, China and South Africa - are the largest developing countries in their respective regions. A snapshot of their trade policies shows they have already liberalised trade and foreign direct investment extensively, and thereby plugged themselves into...