Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. As a...

Over the past two decades, Korea has aggressively concluded a vast range of international investment agreements (IIAs) in the form of free trade agreements (FTAs) or bilateral investment treaties (BITs). Tracing how Korea's investment treaties have evolved over the years is significant also for...

Investment arbitration decisions are often inconsistent. In particular, complaints about the unpredictability of NAFTA Chapter 11 jurisprudence and the difficulties in balancing foreign investors' interest and public policy are common and unresolved. An examination of the role of interest groups...

The question of expropriation is at the heart of modern foreign investment law, yet remains an area of great uncertainty and ambiguity. Neither treaty law nor existing jurisprudence provides clarity on the questions of when government action amounts to an expropriation or what to do if does.This...

There has been a pervasive failure by investment tribunals to grasp the singularly compensatory nature of moral damages awarded to investors. Critically, this failure to distinguish moral damages from other forms of reparation such as satisfaction and restitution, never mind punitive damages,...

Embedded in a significant number of international investment agreements are provisions that allow states to invoke essential security interests at times of necessity to limit the application of substantive treaty agreements. These provisions, which are largely devoid of express signatory intent,...

Underwater cultural heritage (UCH), which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history. Recent technologies have allowed the recovery of more and more...