The Canada-China BIT requires Canada to open its economy to Chinese investors, while allowing China to retain a closed economy and to keep discriminating against Canadian investors. The treaty also facilitates confidential settlements and sacrifices a longstanding safeguard for Canada's...

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of the courts to private arbitrators. This book outlines investment treaty arbitration as a public...

The article draws on the theoretical perspective of Third World Approaches to International Law (TWAIL) to review a case study in international investment arbitration. The case study is an International Chamber of Commerce arbitration arising from controversies over Bechtel, Enron, and the...

This paper was prepared in support of the mandate of Working Group III to consider the possible reform of investor-state dispute settlement (ISDS) for reasons of independence and impartiality. It outlines the deep flaws in the current design of ISDS on this issue and offers ideas about reforms...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

We collected data on the size and wealth of the foreign investors that have brought claims and received compensation due to ISDS. Our main findings are that the beneficiaries of ISDS, in the aggregate, have overwhelmingly been companies with more than USD1 billion in annual revenue –...

German Abstract: Mit dieser Publikation soll dargelegt werden, wie Investor-Staat-Klagen die politischen Kräfteverhältnisse zugunsten großer Konzerne verschieben und die eigentlich notwendigen Klimaschutzmaßnahmen ins Hintertreffen geraten. Außerdem werden das Potential einer massiven...

From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this...

Die deutsche Version dieses Artikels finden Sie unter: 'http://ssrn.com/abstract=2735076' http://ssrn.com/abstract=2735076.In November 2015, the European Commission released a proposed text on foreign investor protection in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this...

The European Commission's most recent proposal for ISDS reflects a move away from essentially fake reforms to something potentially more meaningful. However, it is insufficient to satisfy the criteria of independence, fairness, openness, subsidiarity, and balance and does not appear reliable...