The conversations surrounding corporate social responsibility ("CSR") in international investments often involve framing the discussions from the FDI lens. This Article aims to add another dimension to the discussion: the consideration of the sovereign-driven portfolio investment (in contrast to...

Currently, the regulation of hedge funds, private equity and sovereign wealth funds is lively debated. The activities developed by these investment vehicles on the financial markets are linked to the 2007-2009 financial crisis. While hedge funds are considered to have represented a cause of the...

The International Investment régime has been transformed to a vibrant and constantly evolving, yet incoherent system. A point of incoherence has been the notion of ‘investment' under the ICSID Convention for which the case-law and doctrine have remained unsettled for long. Some Respondent...

This paper, which forms part of the first phase of the New Special Study of the Securities Markets Project, explores how globalization has affected the operation of securities markets and the challenges this poses for their regulation. In Part I, we discuss how three secular trends –...

This entry is concerned with the rise and fall of investment treaties and investor-state arbitration after the end of the cold war. It provides a brief history of international investment law after the end of the cold war. Initially this is a story of the growing desirability of a high degree of...

This paper investigates the effect of arbitral proceedings on bilateral portfolio equity investments in emerging markets. Investment disputes may deter foreign investors as they reveal a government’s poor behavior towards foreign investors. The analysis investigates the effects of the first...

We analyze the effect of bilateral investment treaties (BITs) on bilateral foreign portfolio investment in equity and debt securities. We find that expropriation risk and the level of a BIT’s investor protection are complementary. Applying a Poisson Pseudo-Maximum-Likelihood model to a panel...