In an earlier era, treaties of Friendship, Commerce, and Navigation (FCNs) were the primary international law mechanism through which the U.S. government sought to promote and protect foreign investment. Conventional wisdom holds that FCNs are of only limited historical interest, having been...

With much fanfare, the United States and China have recently begun negotiating a high level Bilateral Investment Trade (BIT) that is intended to significantly increase reciprocal flows of capital investment in both countries. This capital can be used in invest in or acquire existing companies in...