Fair and equitable treatment is one of the most important rules of international investment law, yet the vagueness of its textual expression causes considerable problems in interpretation and application. In the absence of clear textual guidance, tribunals and legal writers have sometimes turned...

Rethinking Regulation of International Finance encapsulates the most important aspects of the development and operation of the international financial system. This book questions the fundamental basis of the existing international financial architecture (soft law) and explores the need for a...

The Brussels Effect is a “glass half-full” analysis of the European Union (EU), depicting enduring strengths where others see accumulating weaknesses. The author, Anu Bradford, argues that the EU’s internal-market regulation has a considerable and often preeminent global impact—hence the...

This Written Statement presents aspects in China's corporate governance framework, state corporate ownership and control, and the Chinese Communist Party's roles in corporate governance. It was submitted as part of a testimony before the U.S.-China Economic and Security Review Commission,...

Developing countries enter into bilateral investment treaties (BITs) in order to increase foreign direct investment (FDI). Ignoring this straight-forward fact has lead to a great deal of confusion in the assessment of BITs and their protections of regulatory takings. This Article addresses the...

The mushrooming of Special Economic Zones (SEZs) in recent years has led to a significant increase in the supply of attractive incentives for investors looking for opportunities abroad. SEZs are self-contained regimes, inextricably associated with investment promotion policies and domestic...

International organizations often outsource the enforcement of international law to their member states. The International Labor Organization (ILO), for instance, has neither its own adjudicative body nor an internal system of sanctions. Instead, the ILO’s maritime rules authorize states to...

The starting point of this chapter is that investment law partly borrows and partly diverges from pre-existing regimes of international law, and an interpreter of an investment protection treaty is required to determine the degree of similarity and difference so as to elaborate the ordinary...

The Association of Southeast Asian Nations (ASEAN) has been transformed from a periodic meeting of ministers to become the most important regional organisation in Asia's history. An important tension in this transformation is the question of whether the ‘ASEAN way' — defined by consultation...