The chapter comprehends the issue of protecting security interests in international investment law by dividing the discussion in two parts. First, it examines the issue of protecting security interests in those BITs that specifically allow the host state to deviate from its treaty obligations in...

Since the turn of the century, investment treaty arbitration (ITA) tribunals have begun citing past decisions with increasing frequency. They do so despite the absence of any formal doctrine of stare decisis and the presence of structural obstacles to the use of precedent in this context....

As with any international legal order, the modern investment treaty regime might serve multiple purposes; but it appears that one purpose stands out as the primary driver for the development and maintenance of the regime as it is currently practiced: providing effective legal remedies to foreign...

This article considers a range of procedural defences argued by state parties in investment treaty arbitration proceedings. These defences are based upon the co-existence of obligations that bind Contracting Parties to the Treaty on the European Union (‘TEU') signed at Maastricht in 1992 and...

This paper is written in the context of the unravelling policy debate on Investor-State Dispute Settlement in Australia, which has become central in the Trans-Pacific Partnership negotiations. Deviating from the widely accepted international practice of resolving investment disputes through...

The last few decades have been characterized by a proliferation of Regional Trade Agreements (RTAs) which cover, inter alia, trade in goods, trade in services and investment. Hundreds of these agreements are currently in operation while a significant number are still currently being negotiated....

This chapter addresses the challenges posed by the practice of international investment law to the conventional theory of the sources of international law. After a brief overview of what is generally understood as the main ‘sources' of ‘international investment law' (II), I examine in turn...

The protection afforded to different legally-defined objects may overlap when different regimes apply to the same object. This article focuses on the overlap of two protective regimes, intellectual property rights (IPRs) and international investment agreements (IIAs), as applied to certain...