Bilateral investment treaties (BITs) have proliferated over the past 50 years such that the number of pairs of countries with BITs is roughly as large as the number of country-pairs that belong to bilateral or regional preferential trade agreements (PTAs). The purpose of this study is to provide...

The backlash against the expansive interpretation of key disciplines of international investment law by arbitral tribunals has prompted a host of strategies, implemented mostly by developing countries, aimed at walking away from the system. These range from denouncing the ICSID Convention and...

This paper takes an empirical, practical approach to test the proposition that systemic integration leads to greater coherence of international law. It builds on work by Professor Campbell McLachlan and others that specific treaty-based regimes can be located in the broader context of...

Decisions by arbitral tribunals in investment treaty cases do not have formal precedential status. Yet certain issues recur, and prior decisions at the least provide guidance to later tribunals. The content of the most frequently invoked substantive treaty provisions - the obligations to accord...

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...

This chapter will study the evolution of India's approach to bilateral investment treaties (BITs) since her independence in 1947. The chapter will trace this evolution by dividing the time period from 1947 to date in three phases. In the first phase, from 1947 till end of 1990, India didn't...

The paper aims at studying the potential accommodation of the concept of sustainable development within the regime of international law regulating foreign direct investment (FDI). Reconciliation of international investment law and sustainable development is part of the current awareness of...

This study aims to explore the ‘clash of cultures’ between international investment law and international cultural law. When countries pursue economic growth, their policy makers may have an incentive to lower cultural standards to promote economic activities. If states nonetheless maintain...

U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous balance that exists between state power, adjudication and legitimacy in WTO dispute settlement. Even more fundamentally, it prompts questions about whether reformation of...