When a state expropriates a foreign investment in violation of a bilateral or other treaty on investment protection and a foreign investor sues, where should a tribunal look for the standard of compensation -- to the amount specified in the treaty, to an external standard for violations of...

Not all that long ago, diplomatic protection was the most efficient mechanism to resolve disputes arising out of an investment. Although today the prevalence for the resolution of investment disputes has shifted to investment arbitration, diplomatic protection has still maintained certain...

The author introduces Gehring's call for a multi-lateralization of Impact Assessments (IAs). IA processes in Canada, the US and the EU illustrate the complex nature of IAs and their challenges in a rapidly evolving international investment law and policy regime. IAs have expanded to include...

International investment agreements (IIAs) are of great importance to investors, or at least they should be, to investors who want to be knowledgeable about how IIAs can protect against risks. Types of agreements that this article will look at are the following:1. Bilateral investment...

This Concept Paper addresses some of the issues raised with respect to the development of an APEC Investment Treaty Handbook. The Paper proceeds as follows. Part 1 sets out the legal and governance challenges posed by investment treaties, giving rise to the need for a resource like the APEC...

In an earlier era, treaties of Friendship, Commerce, and Navigation (FCNs) were the primary international law mechanism through which the U.S. government sought to promote and protect foreign investment. Conventional wisdom holds that FCNs are of only limited historical interest, having been...

An investment chapter in TTIP offers an unprecedented opportunity to reform and improve the system of investment law. If the EU and the US seize this opportunity, it would set an important precedent in treaty-drafting, allowing for the incorporation of public policy objectives, thereby...

This paper presents an informal cost-benefit analysis of the inclusion of investment protection provisions, including investor-state arbitration, in an investment chapter in TTIP. The analysis is conducted from the perspective of the EU and its member states. It argues that there is little...

Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to...

Bilateral investment treaties (BITs) provide investors in natural resource projects with stability. Specifically, dispute settlement provisions, a feature of most modern BITs, allow investors to make claims against the host state for alleged breaches of the BIT However, some such provisions...