This article explores the rationale behind the development of bilateral trade and investment agreements as measures of state action. In examining the arguments in support of such bilateral agreements, it scrutinizes the virtues and deficiencies associated with each. It concludes by considering...

Notwithstanding China's endorsement of investor-state arbitration more than a decade ago, few investor claims have been initiated against it and none has concluded with an award. This does not necessarily mean that foreign investors will not make such claims in the future, but rather that...

This paper examines the draft Investment Chapter of the TPPA, leaked to the public, in light of recent concerns regarding the viability of investor state arbitration. The intent is to comment on the possible motivations of the negotiating parties in formulating the TPP provisions thus far and,...

Notwithstanding China's endorsement of investor-state arbitration more than a decade ago, few investor claims have been initiated against it and none has concluded with an award. This does not necessarily mean that foreign investors will not make such claims in the future, but rather that...

This article examines Australia's controversial 2011 Trade Policy Statement in which the Federal Government indicated that it will no longer provide for investor-state arbitration (ISA) in future bilateral and regional trade agreements (BRTAs), choosing instead to rely on alternatives to ISA....