Self-judging "essential security interest" clauses permit a state to act as "it considers necessary" for the protection of such interests. This Perspective examines trends in their diffusion and scope, and outlines suggestions for treaty drafters to consider when balancing the desire for...

Under China's leadership, the G20 adopted "Guiding Principles for Global Investment Policymaking," put investment facilitation on the international agenda and institutionalized an additional platform for investment discussions. The challenge is now to build on these accomplishments.

While virtually all countries have policies in place to attract FDI, the picture is very different for outward investment. Most developed countries have policies in place, but most emerging markets do not. This Perspective argues that, to remain competitive, governments of emerging markets must...

Complex contracts between governments and foreign investors, covering large-scale projects, define the long-term relationship between the parties. Negotiating such contracts is difficult under any circumstances, yet emerging markets negotiating with foreign investors often face an asymmetry of...

FDI statistics have a number of serious shortcomings that limit their accuracy, and therefore also their usefulness for analysis. This Perspective identifies five shortcomings whose correction should be prioritized and provides advice on how to do so.

Based on an examination of 150 instruments (ranging from international investment agreements to MNE codes) that deal with the interaction between host countries and MNEs, this Perspective identifies common FDI sustainability characteristics and suggests ways in which stakeholders can utilize and...

The WTO's discussions on investment facilitation for development, going forward, should reflect on five key issues to achieve a broadly acceptable outcome: the scope of a framework; the development dimension; the balance of a framework; ground-level practical input; and capacity building.

The author reviews the state of the investment regime, which is probably the strongest international regime in existence today. He identifies three main areas for improvement, relating to the regime's objectives, substantive provisions and dispute-settlement mechanism. Changes will have to be...

The author identifies ways to promote sustainable FDI through investment treaties, including by using contribution to development as a criterion when applying treaties, defining investment explicitly in reference to contribution to development, allowing governments to grant preferential...

To help countries attract sustainable FDI, the authors suggest to create the category "Authorized Sustainable Investor". They outline the qualifying criteria, as well as the additional benefits that would make it worthwhile for investors to seek this status.