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International investment tribunals often use the language of ‘rights' to characterize foreign investors' claims against host states, evoking the language of human rights and, in some cases, appearing to conflate the two concepts. We investigate the cognitive framing of the relationship between...
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International investment tribunals have not yet developed a coherent approach to the standard of review in relation to disputes involving the exercise of public power by host states. In particular, tribunals have generally not approached the question of deference to host state authorities in a...
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International investment tribunals considering claims of indirect expropriation have increasingly taken into account the host state's regulatory purpose in their analysis, alluding to the need for measures to achieve a balance between host state and investor interests. Some tribunals have...
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Despite their increasing popularity in recently concluded investment treaties and investment chapters in comprehensive economic agreements, the structural status of exception clauses is not well understood. Inconsistent interpretations of exception clauses by investment tribunals and annulment...
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We are experiencing a tumultuous period in global politics, with international economic governance facing a period of great uncertainty. Meanwhile, since the de facto collapse of the WTO's Doha Round, a plethora of preferential agreements has begun to supplant the WTO's rule-making function and...
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This Encyclopaedia entry concerns balancing tests used by tribunals in investment disputes under international investment arbitration in the determination of whether a host state has complied with its investment protection obligations for foreign investments
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