Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

Counterclaims are claims raised by respondents. Various international courts and tribunals have expressed their jurisdiction to hear counterclaims as an emanation of their inherent powers, even though their constitutive instruments are silent. Modern rules of court often contain provisions on...

In Philippines - Distilled Spirits, the Appellate Body of the WTO reaffirmed that the determination of 'likeness' in the GATT should be about the competitive relationship between products. A coherent methodology for the determination of 'likeness' has finally begun to emerge, with the same...

This Article posits that international law on investment protection develops as a common law through adjudication of investor-state disputes. It reviews the three prevalent theories on the development of international law on investment protection. These three theories are (a) that investor-state...

The paper, the editors' introduction to the volume, maps out the main challenges and opportunities resulting from the move, in the past decade, from free-standing investment protection treaties (BITs) towards more broadly-focused treaties addressing integration in trade and investment

The paper provides an analysis of the EU's emerging approach to Investor-State Dispute Settlement (ISDS), drawing on documents of the main EU actors (Commission, European Parliament, Council) as well as draft negotiated texts and negotiating directives. It situates the EU's debates in the...

In this paper we assess the quality and coherence of the use of economics in dispute settlement in two fields of international economic law: international trade and international investment law. We argue that four economic concepts are frequently used and/or of critical importance for both...

This study aims to provide an overview of the patterns of breaches of the requirement for fair and equitable treatment of foreign investments and investors which arbitral case law has qualified as being made in bad faith. The study attempts to argue that bad faith acts of States comprise an...

The ability of foreign investors to choose international arbitration as a dispute resolution mechanism can create significant problems. Lack of coherence and discrimination regarding regulation can arise from the resolution of substantive issues, whereas concerns about transparency and fairness...