In this paper, I will first give an overview of the current regulation of foreign direct investment (FDI) in the WTO and OECD. Then I will criticise the draft of the multilateral agreement on investment (MAI), that was proposed as a new framework for FDI. Though the MAI has failed, the original...

The paper aims at studying the potential accommodation of the concept of sustainable development within the regime of international law regulating foreign direct investment (FDI). Reconciliation of international investment law and sustainable development is part of the current awareness of...

This chapter discusses what is a treaty and what is its significance in international law; the process by which treaties are formed and the legal effects of treaties at various stages of their formation; the nature, validity and legal consequences of reservations to treaties; the process of...

International investment has increasingly been subject to controversies and debates. Never more so then when international investment law is faced with sustainable development issues, particularly in the context of international investment arbitration. Given the characteristics of international...

The mechanism of Investor-State Dispute Settlement (ISDS) allows private foreign investors to challenge government measures before an ad hoc international arbitral tribunal. ISDS has been in existence for a long time. Yet recently this mechanism has proven very controversial, notably in the...

Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.<p> This statistical survey of a large sample of 1,660 bilateral investment...</p>

Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...

Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...