Under what conditions are countries most (least) likely to become involved in international investment disputes? Building on the premise that this question cannot be addressed without reference to the incentives facing political leaders, this study develops a theory emphasizing the domestic...

This Essay considers the perplexingly paradoxical demand that states be virtually removed from investor-state dispute settlement (ISDS). It also briefly considers the various critiques of, and possible reforms or adjustments to, existing ISDS systems, particularly those related to the right of...

The article examines awards of the International Centre for Settlement of Investment Disputes in the case of post-Soviet states. It also demonstrates post-Soviet states' statistics as a respondent in litigations under the ICSID. Among the post-Soviet states Ukraine and Kazakhstan are leaders by...

The Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (T-TIP) are both slated to contain investor protections similar to those contained in the North Atlantic Free Trade Agreement (NAFTA). These measures, as included in NAFTA, allowed businesses to seek...

This new book is the first to focus on the interaction between international investment law and other systems of international law. It takes a giant step towards determining a hierarchy of conflicting treaty norms, and establishing a legitimacy threshold for the investor-State arbitral...

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...

This article is part of the master thesis “Dispute Settlement after Sovereign Debt Defaults: A Forum Menu for Holdout Creditors”. The article analyses issues that holdout creditors should take into account when initiating arbitral proceedings before an international investment tribunal,...

The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...

Disputed maritime areas are often sources of valuable natural resources, but they are also often sources of conflict. It is thus important for investors investing in such areas to know the array of investment protection mechanisms available to them. This article examines four such mechanisms...