Since the beginning of the decade, international arbitral tribunals have struggled unsuccessfully to define the obligation of “fair and equitable treatment” required by the vast majority of the world's 2,600 bilateral investment treaties (BITs). Although by the end of 2008 more than fifty...

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...

This article begins by presenting some recent statistical data on rule of law, investment, and corruption in Venezuela. It focuses afterwards on analysing the 2014 Venezuelan Anti-Corruption Law, and it develops various arguments that may lead to question this Law ́s real objectives from an...

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

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...

Economic experts indicate that the investment prospects in Latin America and the Caribbean are not positive. They attribute the general negative trend in Latin America to a set of factors such as the continued economic recession, falling commodity prices, higher currency volatility, and...

This article begins by presenting some recent statistical data on rule of law, investment, and corruption in Venezuela. It focuses afterwards on analysing the 2014 Venezuelan Anti-Corruption Law, and it develops various arguments that may lead to question this Law´s real objectives from an...

Notorious for its non-participation in the international system of investment protections, Brazil is one of the most popular destinations for foreign direct investment (FDI) around the world. But unlike most countries, including its neighbours in Latin America, Brazil is neither party to any...

In recent years, the negotiation and conclusion of international investment agreements (IIAs) in Latin America has gone hand-in-hand with a rethinking of investment standards and the elaboration of new IIA models. This is evident, among others, in Brazil’s cooperation and facilitation...