The paper analyzes systematic patterns of investment treaty rule-making using a large sample of bilateral investment treaties (BITs). Focusing on national treatment and transfer provisions, it finds that BITs signed between two developing countries are typically less wide-ranging than...

In this paper, the author argues that compulsory licenses might potentially amount to indirect expropriation provided that their effects constitute a severe curtailment of the patent rights. Inasmuch as the expropriation standards in BIAs differ from those articulated under the TRIPS Agreement,...

Conventional wisdom -- but not empirical research -- maintains that strong intellectual property (“IP”) rights trigger not only foreign direct investment, but also local innovation. Thus investors seek, and developing countries compete to offer, the highest levels of IP protections. But...

The proliferation of International Investment Agreements (IIAs) and treaty-based investment arbitration has raised concerns over the extent to which IIAs are actually fair and are able to balance the interests of foreign investors and States. The strong protections afforded by IIAs to investors...

This paper provides a brief overview of recent UNCTAD research on the nexus between international investment treaties and sustainable development. After sketching the historic evolution and current trends in IIA treaty practice, it explores the linkages between IIAs and three areas of public...