This article focuses on the increased scope for tension between obligations under investment treaties, particularly fair and equitable treatment, and the interpretation of national patent law by domestic courts. Precisely because investment treaties were created to protect investors from...

Investment treaties are some of the most controversial yet least understood instruments of global economic governance. Public interest in international investment arbitration is growing, and some developed and developing countries are beginning to revisit their investment treaty policies. The...

This article focuses on fragmentation within international investment law. The problem of fragmentation acquires real significance when investor-State tribunals exceed the scope of their jurisdiction, when they reach conflicting outcomes on the merits of similar disputes, or when the relevant...

This book offers a collaborative account of the profound impact and enduring questions surrounding the historic event known as Brexit, i.e. the United Kingdom’s decision to terminate its membership in the European Union in 2020. The book is a collection of thought-provoking contributions...

This chapter surveys some of the actors in sovereign debt restructurings. Millhouse’s quote above underscores the number and diversity of players in municipal insolvencies. Nevertheless, the number and heterogeneity of the actors involved in municipal and corporate bankruptcies pale in...

Foreign shareholders can avail themselves of legal protection under three different legal regimes: diplomatic protection, international investment law and international human rights law. Adopting a historic and comparative approach, this article tracks the faded role of diplomatic protection for...

Spanish Abstract: En los años recientes, las crisis derivadas de deudas públicas han recibido mucha atención desde el punto de vista de la política pública internacional, pero todavía está pendiente la maduración de una efectiva solución legal a los defaults soberanos dentro del derecho...

The present international financial architecture (IFA) has been weakening since the early 2010s. Several factors have hindered the reorganization of the current IFA, accelerated the bipolarization of international financial relations, and reshaped the balance of power between sovereign debtors...

This entry is concerned with the rise and fall of investment treaties and investor-state arbitration after the end of the cold war. It provides a brief history of international investment law after the end of the cold war. Initially this is a story of the growing desirability of a high degree of...