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...

International investment arbitration can be said to be built on a great asymmetry: on the one hand, foreign investors are endowed with a set of significant rights, most notably the right to initiate disputes before arbitration tribunals; on the other hand, States and citizens of the host State...

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...

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...

In challenging times for international law, there might be a heightened need for both analysis and prescription. The international rule of law as a connecting thread that goes through the global legal order is a particularly salient topic. By providing a working understanding of the content and...

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...

I present a simple model of two representative firms embedded in an environment of institutionalized government corruption. One firm has access to foreign direct investment , but that access is limited by the quality of rule of law in the economy. I use the model to explore the question,...