The growing stock of foreign investments by sovereign wealth funds and state-owned enterprises poses regulatory challenges to the international investment regime. With arbitrators seemingly keen on expanding the jurisdictional scope of investment treaty arbitration to cover a wide range of...

International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States' exit from these treaties.This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements that...

Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders' reflective loss is incurred as a result of injury to "their" company, typically a loss in value...

We analyze the optimal design and implications of international investment agreements. These are ubiquitous, potent and heavily criticized state-to-state treaties that compensate foreign investors against host country policies. Optimal agreements cause national but not global underregulation...

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...

This paper analyzed Chinese enterprises' outward foreign direct investment (OFDI) from the perspectives of Bilateral Investment Treaties (BIT) and enterprise heterogeneity. Firstly, in terms of BIT, we found that the existing literature was mainly focused on BIT and developed countries'...

This article looks at the risks inherent in foreign investment using Cambodia as an example. Companies are either investing in Cambodia to establish factories for export of garments, or are using Cambodian based suppliers for supply of garments. This development was based upon the availability...

International investment agreements (IIAs) are of great importance to investors, or at least they should be, to investors who want to be knowledgeable about how IIAs can protect against risks. Types of agreements that this article will look at are the following:1. Bilateral investment...

This paper investigates the design and implications of international investment agreements. These are ubiquitous, potent and heavily criticized state-to-state treaties that protect foreign investment against host country policies. We show that optimal agreements cause national but not global...