This article considers the national treatment standard in international investment agreements as implemented by emerging market countries. It briefly explains the nature and purpose of the standard and how it has been examined by international investment tribunals. Specific examples of national...

This paper examines how environmental guidelines in international investment law instruments implement public participation as a means of assessing the environmental risk in an investment project. The paper first explores international development banks, including the World Bank group and...

This paper examines the compliance of preferential trade agreements in favour of developing countries including the Generalized System of Preferences (GSP) scheme and the European Union's Economic Partnership Agreements (EPA)s with the law of the World Trade Organization (WTO). As a consequence...

This article considers the possibility that digital assets of foreign investors such as websites and computer systems could be protected by the full protection and security (‘FPS') standard common to many bilateral investment treaties. Such assets can properly be described as investments and...

This article applies the behavioral economics theory of Omission Bias to the Agreement on Subsidies and Countervailing Measures (ASCM) of the World Trade Organization (WTO), assessing whether WTO and Appellate Body's assessment of “foregone revenue” as illegal subsidies indicate a bias...

This article argues from a commercial standpoint that the United Kingdom should include Investor-State Dispute Settlement (ISDS) in the new International Investment Agreements (IIAs) which it concludes following its departure from the European Union. Focusing on the procedure of ISDS rather than...

This article offers chaos, a theory drawn from the physical sciences, as an explanatory model for international economic law which consists of the law of the WTO, international investment law, and the policies of the IMF and World Bank. The laws promulgated by these institutions as the central...

This article considers the application of the general exceptions of the WTO GATT and GATS to investment arbitration under international investment treaties. It suggests that the designated categories and balancing contemplated by the WTO exceptions, along with its sophisticated and established...

This article applies a new methodology for the assessment of environmental risk prevention expenditure to the adjudication process of international investment arbitration. The Disproportion Factor Model can be implemented by investment arbitration tribunals to evaluate the reasonableness of...

An increasing proportion of outward foreign direct investment (‘FDI') now originates from emerging market economies, representing a new stage of globalization that appears to be modifying the existing regime of international investment law, created largely to serve the needs of Western...