International investment arbitral tribunals have been facing the need of drawing the line between legitimate regulatory measures that do not constitute expropriation and measures that are tantamount to expropriation. While some tribunals have decided to focus solely on the effect of the given...

This paper inquires whether the ITA tribunals, while judging whether a host State's regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? This inquiry is important to understand whether this doctrine could...

The author makes an analysis and presentation of the doctrine of police powers of the administration and the doctrine of the public intervention in the economic order that are base for the development of new regulation that, due to its effects, could be quoted as expropriatory of foreign...

Cybercrime across the Taiwan Strait has become a global issue. Due to the large number of internet users and the special political situation across the Taiwan Strait, the Republic of China (Taiwan hereafter) and the People’s Republic of China (China hereafter) are two countries where malicious...

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...