Pre-establishment national treatment with a negative list is gradually becoming the “new normal” in Chinese international investment law. The history of China's approach to national treatment in Chinese international investment agreements (IIAs) can be divided into three stages: First,...

This chapter discusses what is a treaty and what is its significance in international law; the process by which treaties are formed and the legal effects of treaties at various stages of their formation; the nature, validity and legal consequences of reservations to treaties; the process of...

Recent challenges to tobacco packaging measures brought under international investment law shed light on a variety of intellectual property issues. This chapter focuses on the intellectual property aspects of two related disputes: the claim brought by Philip Morris Asia Ltd (Philip Morris Asia)...

The good health of its population is fundamental to a country's national interest. Regulation of these risk factors, however, presents particular challenges in the light of international trade law and international investment law, as policy interventions often seek behavioural change including...

This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative considerations such as double remedies and conflicting...

Several States have terminated international investment agreements ('IIAs') in recent years — some alarmed at unexpected outcomes in certain investor — State cases, and others simply updating their IIAs as they conclude wider economic partnership agreements. States' attempts to extinguish...