This Article engages with the heated debates about the reform of the legal regime of international investment. The primary goal of most reform proposals is to improve the regime's dispute settlement mechanism. This Article draws attention to the redesign of bilateral investment treaties — the...

Over the past few decades, a few thousand international investment agreements have been concluded. One cornerstone of those treaties has been a straightforward model of foreign investment: an investor based in a home State that has made an investment located in the territory of a host State....

Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international legal mechanism for the encouragement and governance of foreign direct investment. Their proliferation over the past two decades in particular has been phenomenal. These...

The high profile investment claims filed by Philip Morris challenging Uruguayan and Australian measures that restrict advertising and logos on tobacco packaging awakened the public health community to the existence and potential detrimental impact of international investment agreements (IIAs)....

As industrial policies become more widespread and controversial, the relationship between international investment agreements (IIAs) and industrial policy measures has taken on particular importance. This paper addresses this relationship in light of two competing and strengthening influences:...

These are Chapters Seven and Nine of Bilateral Investment Treaties: History, Policy, and Interpretation, published by Oxford University Press in 2010. The book analyzes the key provisions of bilateral investment treaties (BITs), explaining the structure and policy of each provision, tracing the...

Bilateral investment treaties (BITs) are instruments that aim at promoting and protecting foreign direct investment (FDI). Switzerland holds a leading position worldwide with regard to the negotiation and conclusion of BITs: The Swiss government has ratified 113 of such treaties so far, which...

This paper examines Canada's accession the ICSID Convention. It also analyses the new bilateral investment treaty entered into in 2006 between Canada and Peru. Issues discussed in this paper include the national treatment clause, the minimum standard of treatment clause (fair and equitable...

This paper analyzes the impact of bilateral investment treaties (BITs) on sovereign bond returns of 25 emerging markets from 1993 to 2016. Under a BIT, foreign investors can use an international arbitration scheme to enforce compensation claims against the domestic government in case of direct...

While there is an extensive amount of literature on the noodle bowl of agreements in Asia, the majority of studies exclusively focus on trade (in goods). So far, little emphasis has been placed on the proliferation of international investment treaties (IIAs). Given the significance of IIAs, it...