Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

The last 30 years in the history of international investment law witnessed the emergence of investor-state dispute settlement (ISDS) as the definitive method for the resolution of investment disputes, and the expanding role of the investor in the same. Investment dispute settlement has become...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

In Philippines - Distilled Spirits, the Appellate Body of the WTO reaffirmed that the determination of 'likeness' in the GATT should be about the competitive relationship between products. A coherent methodology for the determination of 'likeness' has finally begun to emerge, with the same...

The paper identifies the need for improvements in policy space for developing and least developed countries under the current world trading system by examining the use of WTO dispute settlement system with descriptive statistics and case studies. The paper shows an asymmetry in the utilization...

The “energy sector” is generally interpreted as referring to industries focused on the extraction, refining, transport, use of various forms of energy, and related research and associated infrastructure. Despite the fact that no law or regulation contains any general definition of the energy...

Spanish Abstract: La idea de crear el Centro de Solución de Controversias en Materia de Inversiones de la Unión de Naciones Suramericanas (UNASUR) (Centro) surgió a partir del año 2008. Ecuador, país miembro de UNASUR que en el año 2009 denunció el Convenio del Convenio sobre Arreglo de...

The idea of creating the Centre for the Settlement of Investment Disputes (Centre) of the Union of South American Nations (in Spanish, UNASUR) emerged in 2008. Ecuador, a UNASUR member state, denounced the Convention on the Settlement of Investment Disputes between States and Nationals of Other...

This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of...