Since 2000, the Zimbabwean government has expropriated a string of white-owned commercial lands. In March 2008, in a consolidated case (Mike Campbell (Pvt) Ltd and Others v. Zimbabwe), 79 applicants filed an application with the Southern African Development Community Tribunal (SADC Tribunal) to...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

The Apotex v USA tribunal decisions regarding Sertraline and Pravastatin ANDAs have attracted scant indepth analysis, as to their ultimate effect on the treatment of intangible asset categories in investment arbitration. The Tribunal's decision in the final Apotex Inc. claim (2012) employed res...

In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...

Modern BITs habitually begin with a preamble, whereupon basic concepts such as what constitutes an investment and an investor for the purpose of the treaty are somewhat defined. The effectiveness and manner in which BITs pursue their objectives are remarkably uniformed, thanks to their vigorous...

This paper outlines the historical evolution of Australia's foreign direct investment (FDI) regulation generally, under national law and more recently bilateral investment treaties (BITs) or investment chapters of free trade agreements (FTAs). This sets the stage for closer analysis of the...

As in some developing countries and more recently some developed countries worldwide and in the Asian region, Australia has faced significant internal opposition and public debate especially over treaty-based investor-state dispute settlement (ISDS). As outlined in Part II(1), concerns have...

The text is devoted to the issues of international law and the role of investment to international organizations such as the WTO, the OECD and the IMF. Author discusses the issues remedies available to investors and methods of investment dispute resolution, e.g. claims for damages that can be...

This paper offers the first detailed English-language analysis of international investment arbitration law and practice in Thailand. Part 1 briefly introduces burgeoning foreign direct investment (FDI) and investment treaties in the Asian region, followed by more recent emergence of significant...