This paper develops a self-enforcing contract model to show that better economic fundamentals can help when there is weak rule of law -- but with order -- to attract foreign direct investment, whereas lowering taxes does not necessarily help. Using a cross-region Chinese dataset, the analysis...

Investor-state arbitration, also called investment arbitration, is often accused of harming developing states facing economic hardship, for the benefit of a wealthy few from the Global North. Its proponents respond that it is the only available means to resolve disputes impartially, and that its...

This discussion paper focuses on potential conflicts between the doctrine of state responsibility as applied in two investment treaty decisions (Chevron v. Ecuador II and Arif v. Moldova) and the institutional norm of inter-branch autonomy, which has been identified as a causal channel for...

This paper develops a self-enforcing contract model to show that better economic fundamentals can help when there is weak rule of law -- but with order -- to attract foreign direct investment, whereas lowering taxes does not necessarily help. Using a cross-region Chinese dataset, the analysis...

This article is part 2 of a series on Rule of Law as it relates to international investment issues. The article describes how the system of bilateral investment treaties and other international investment agreements have created a form of rule of law to protect foreign investors against certain...

This articles examines 2 meanings of the term “rule of law;” the first being absence of lawlessness, and the second being the full range of laws, enforcement, that is described in the World Justice Project. Using those concepts, the article then looks at whether the rule of law, based upon...

The purpose of this chapter is to analyse the impact of national contestation of international investment law on international rule of law elements adopted by international investment law. These national contestations have triggered a public debate and churning on how to re-craft BITs in a...