This article considers the national treatment standard in international investment agreements as implemented by emerging market countries. It briefly explains the nature and purpose of the standard and how it has been examined by international investment tribunals. Specific examples of national...

This paper examines how environmental guidelines in international investment law instruments implement public participation as a means of assessing the environmental risk in an investment project. The paper first explores international development banks, including the World Bank group and...

This article considers the possibility that digital assets of foreign investors such as websites and computer systems could be protected by the full protection and security (‘FPS') standard common to many bilateral investment treaties. Such assets can properly be described as investments and...

This article argues from a commercial standpoint that the United Kingdom should include Investor-State Dispute Settlement (ISDS) in the new International Investment Agreements (IIAs) which it concludes following its departure from the European Union. Focusing on the procedure of ISDS rather than...

This article applies a new methodology for the assessment of environmental risk prevention expenditure to the adjudication process of international investment arbitration. The Disproportion Factor Model can be implemented by investment arbitration tribunals to evaluate the reasonableness of...

This article discusses several new alternative dispute resolution (‘ADR') mechanisms that intend to address complaints from stakeholder groups that may suffer as a consequence of foreign direct investment (‘FDI'). ADR methods such as mediation are well suited to resolving international...