This article examines the consequences of the Court of Justice of the European Union’s (CJEU) ruling in Achmea concerning Investor-State Arbitration (ISA) under intra-EU Bilateral Investment Treaties (BITs) from a treaty law perspective. It begins by briefly setting out the arguments of...

The absence of articulations of public goods (beyond investment protection) in most international investment treaties has led to calls for these treaties to be interpreted by reference to other areas of international law, such as international human rights law. Relying upon Article 31(3)(c) of...

This Article engages with the heated debates about the reform of the legal regime of international investment. The primary goal of most reform proposals is to improve the regime's dispute settlement mechanism. This Article draws attention to the redesign of bilateral investment treaties — the...

Using event study methodology, we investigate whether bilateral investment protection treaties afford protection to foreign investors. Examining arbitral decisions for firms from six countries shows that firms that received awards from arbitrators gained in market value by as much as 3%. Per...

Over the past few decades, a few thousand international investment agreements have been concluded. One cornerstone of those treaties has been a straightforward model of foreign investment: an investor based in a home State that has made an investment located in the territory of a host State....

Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international legal mechanism for the encouragement and governance of foreign direct investment. Their proliferation over the past two decades in particular has been phenomenal. These...

The high profile investment claims filed by Philip Morris challenging Uruguayan and Australian measures that restrict advertising and logos on tobacco packaging awakened the public health community to the existence and potential detrimental impact of international investment agreements (IIAs)....

As industrial policies become more widespread and controversial, the relationship between international investment agreements (IIAs) and industrial policy measures has taken on particular importance. This paper addresses this relationship in light of two competing and strengthening influences:...

Bilateral investment treaties (BITs) are instruments that aim at promoting and protecting foreign direct investment (FDI). Switzerland holds a leading position worldwide with regard to the negotiation and conclusion of BITs: The Swiss government has ratified 113 of such treaties so far, which...

This paper examines Canada's accession the ICSID Convention. It also analyses the new bilateral investment treaty entered into in 2006 between Canada and Peru. Issues discussed in this paper include the national treatment clause, the minimum standard of treatment clause (fair and equitable...