This paper provides the first-ever detailed analysis of the dispute resolution provisions contained in Japan's burgeoning international investment treaties (BITs and FTAs or EPAs). That development is also located in the context of Japan's inbound and outbound flows in foreign investment and the...

In the last twenty years, the international investment regime has attracted wide attention. Academics, policymakers and civil society have studied this regime using different analytical and normative frameworks, defending as much as criticizing international investment treaties and arbitration....

This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...

This paper shows that Investor-State Dispute Settlements (ISDS) makes multinational firms more aggressive by increasing cost-reducing investments with the aim to enlarge the potential compensation an ISDS provision may offer. While a larger investment reduces the market distortion, it will also...

The idea of investment treaty arbitration as public law is in tension with the concept of international law as a law between representative public agencies. This concept of international law is valuable for its capacity to progress a broad range of public policy aims in an integrated and...

Using event study methodology, we investigate whether bilateral investment protection treaties afford protection to foreign investors. Examining arbitral decisions for firms from six countries shows that firms that received awards from arbitrators gained in market value by as much as 3%. Per...