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,...

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...

In the last several years, the idea that international investment arbitration should become more transparent has gained wide acceptance. A number of NGOs have successfully drawn upon the public character of trade and foreign investment disputes to gain access to the proceedings as amici curiae....

Mechanisms to avoid investment treaty disputes are an increasing priority for states. States often struggle, however, to develop evidence-based mechanisms due to a lack of information regarding the risks created by the operation of their administrative institutions. The self-assessment process...

This paper scrutinizes the effects of investor-state dispute settlements (ISDS) and national treatment provisions in a two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can mitigate the holdup problem and increases aggregate...

While there is an extensive amount of literature on the noodle bowl of agreements in Asia, the majority of studies exclusively focus on trade (in goods). So far, little emphasis has been placed on the proliferation of international investment treaties (IIAs). Given the significance of IIAs, it...