After a critical account of the development of international investment arbitration (ITA) and ensuing rules of international investment law (IIL), this article examines the emerging design of IIL as a distinct substantive regime on the international plane. This is followed by an analysis of the...

This article explores the rationale behind the development of bilateral trade and investment agreements as measures of state action. In examining the arguments in support of such bilateral agreements, it scrutinizes the virtues and deficiencies associated with each. It concludes by considering...

It may appear all too obvious that the extent to which foreign direct investment (FDI) is attracted by bilateral investment treaties (BITs) and regional trade agreements (RTAs) depends on the strength of key investment provisions. Still, BITs and RTAs have typically been treated as black boxes...

The most remarkable evolution in the field of international investment law is undoubtedly the massive proliferation of Bilateral Investment Treaties (BITs) and Preferential Trade Agreements (PTAs), either in the form of Free Trade Agreements (FTAs) of Custom Unions (CUs). PTAs increasingly, as...

The investor-state arbitration process has been commonly used under bilateral trade and investment agreements since first adopted by the North American Free Trade Agreement (NAFTA) in 1994.This mechanism has well served the investment interests of multinational corporations. In recent times,...

Embedded in a significant number of international investment agreements are provisions that allow states to invoke essential security interests at times of necessity to limit the application of substantive treaty agreements. These provisions, which are largely devoid of express signatory intent,...