Resources

The Formation and Identification of Rules of Customary International Law in International Investment Law

This book provides a comprehensive analysis of the phenomenon of customary international law in the field of international investment law.

Stabilization Clauses in International Investment Law: A sustainable development approach

This book analyzes the tension between the host state’s commitment to providing regulatory stability for foreign investors and its commitments to its citizens with regard to environmental protection and social welfare.

State Responsibility for Breaches of Investment Contracts

This work seeks to address the need for a detailed study that investigates and analyzes the sources, the content, the characteristics and the evolution of the law of state responsibility for breaches of investment contracts.

International Governance and the Rule of Law in China under the Belt and Road Initiative

This volume examines China’s role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic perspective.

International Challenges in Investment Arbitration

Investment arbitration is heavily relied upon around the globe and has to cope with the demands of increasingly complex proceedings. At the same time, it has come under close public scrutiny in the midst of heated political debate.

Transparency in International Investment Arbitration: A guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration

This book explains the underlying debate and provides an in-depth commentary on the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration, paragraph by paragraph.

International Investment Law and Globalization: Foreign investment, responsibilities and intergovernmental organizations

Have the processes of elaboration and implementation of foreign investors’ responsibilities by intergovernmental organizations reached the realm of legality?

A Guide to State Succession in International Investment Law

This book provides a comprehensive analysis of state succession issues arising in the context of international investment law.

Reassertion of Control over the Investment Treaty Regime

States are pursuing many avenues to curb the international investment regime, perceived as having run out of control. This book examines the many issues of procedure, substantive law and policy arising from this trend­.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

The book examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

IGF Guidance for Governments: Local content policies

The guidance focuses on mining sector local content policies—a suite of policies aimed at leveraging mining investment to, for example, increase local employment, boost mining companies’ local purchases and foster entrepreneurs in non-mining sectors.

World Investment Report 2018: Investment and new industrial policies

The 2018 World Investment Report presents foreign direct investment (FDI) trends and prospects at global, regional and national levels; analyzes the latest developments in national policy measures on investment; 

IIA Issues Note: Investor–State Dispute Settlement: Review of developments in 2017

UNCTAD’s annual review of investor–state dispute settlement (ISDS) contains an overview of cases initiated pursuant to international investment agreements (IIAs), overall case outcomes and an in-depth analysis of decisions.

The Rise of Investor–State Arbitration: Politics, law, and unintended consequences

Why did governments create a special legal regime in which foreign investors can bring cases directly against states?

International Investment Law and Arbitration: Commentary, awards and other materials

The book offers a comprehensive introduction to international investment law and dispute settlement.

IIA Issues Note: Recent Developments in the International Investment Regime

The note highlights that the number of new IIAs concluded in 2017 was the lowest since 1983, and that, for the first time, the number of effective treaty terminations outpaced the number of new IIAs.

The WTO and International Investment Law: Converging systems

International law has historically regulated foreign trade and foreign investment differently, leading to variances in treaty form, institutional culture and dispute settlement. However, economic, legal and sociological factors are now pushing the two systems together.

International Council for Commercial Arbitration (ICCA)–Queen Mary Task Force Report on Third-Party Funding in International Arbitration

The ICCA-Queen Mary Third Party Funding Taskforce, comprised of representatives drawn from among all relevant stakeholders and interested members of ICCA

Legalization, Diplomacy, and Development: Do investment treaties de-politicize investment disputes?

Architects of the investment treaty regime, as well as many current proponents, have suggested that the treaties also allow developing countries to de-politicize investor–state disputes, shielding commercial disputes from broader political and diplomatic considerations with developed states.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

This book explores issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law.

Fair and Equitable Treatment: Its interaction with the minimum standard and its customary status

This book examines the interaction between the minimum standard of treatment (MST) and the FET standard and the question of why states started referring to the former in their BITs.

Judicial Acts and Investment Treaty Arbitration

Judicial acts of states are becoming increasingly subjected to international investment claims. This book focuses on distinctive particularities of these claims.

Civil Society in Investment Treaty Arbitration: Status and prospects

This book provides an overview of the evolution of civil society’s participation as amicus curiae before investment tribunals, an evolution that fits within a broader movement towards transparency in investment treaty arbitration.

Societal Benefits and Costs of International Investment Agreements: A critical review of aspects and available empirical evidence

This paper reviews alleged societal benefits and costs of international investment agreements (IIAs).

Arbitrating the Conduct of International Investors

This book serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration’s essence.

Investment Laws of ASEAN Countries: A comparative review

This report compares the investment laws of the 10 Association of Southeast Asian Nations (ASEAN) member states, focusing on basic questions relating to the function of investment laws in each country.

Contracts for Sustainable Infrastructure: Ensuring the economic, social and environmental co-benefits of infrastructure investment projects

This report defines sustainable infrastructure, outlines its expected characteristics and co-benefits, and presents why governments must and how they can integrate sustainability into infrastructure contracts.

ISDS in numbers: Impacts of investment arbitration against Latin America and the Caribbean

Latin American and Caribbean (LAC) countries are among the most affected by the investment arbitration system worldwide, representing 28.6 per cent of all known investor–state disputes around the world.

International Investment Treaties and Arbitration Across Asia

The book examines whether and how the Asian region has or may become a significant rule maker in international investment law and dispute resolution.

Adjudicator Compensation Systems and Investor–State Dispute Settlement

This paper examines compensation systems for adjudicators and dispute settlement administrators in investor–state dispute settlement (ISDS).

Large-Scale Land Investments in Least Developed Countries: Legal conflicts between investment and human rights protection

This book analyzes large-scale land investments for agricultural purposes in Africa’s least-developed countries from a law and economics perspective.

Towards an Indicative List of FDI Sustainability Characteristics

The paper seeks to make an important contribution to the international investment debate by highlighting particular desirable characteristics of FDI, outlining how these can be promoted and encouraged, and providing guidance so that national and international efforts in investment law and policy contribute fully to the achievement of these goals.

Integrating Sustainable Development in International Investment Law: Normative incompatibility, system integration and governance implications

This book presents an important systematic study of the issue of sustainable development and international investment law, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development.

Reconceptualizing International Investment Law from the Global South

This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order.

Asia’s Changing International Investment Regime: Sustainability, regionalization, and arbitration

This book focuses on the Asia–Pacific region, delineating the evolving dynamics of foreign investment in the region.

The Rise of Agricultural Growth Poles in Africa: Investment in Agriculture Policy Brief #6 

This paper identifies challenges and opportunities of current agricultural growth poles; outlines the role of laws, policies and institutions; and describes three key stages for the development of a responsible agricultural growth pole.

International Natural Resources Law, Investment and Sustainability

This work examines the relationship between the institutions that govern foreign investment, sustainable development, and the rules and regulations that administer natural resources.

International Investment Law and Policy in Africa: Exploring a human rights based approach to investment regulation and dispute settlement

This book provides a comprehensive analysis of the international investment law regime and current treaty practices in Africa from global, regional and domestic perspectives.

Investor–State Arbitration and Human Rights

This book examines the interrelations between human rights and international investment law and discusses whether and how human rights arguments may be presented in the course of arbitral proceedings based on investment treaties.

Equality in Agriculture: Investment in Agriculture Policy Brief #5

This policy brief explores how global standards and guidelines contribute to gender equality and women’s empowerment, and whether more can be done through these instruments to improve the situation of women in agriculture.

2017 World Investment Report: Investment and the digital economy

The World Investment Report (WIR) focuses on trends in foreign direct investment (FDI) and emerging measures to improve its contribution to development.

Community Perspectives in Investor–State Arbitration

This report examines whether and how investment tribunals consider community perspectives, interests and rights.

The Independence and Impartiality of ICSID Arbitrators: Current case law, alternative approaches, and improvement suggestions

The author explores how unbiased decision-making is ensured under the ICSID Convention.

The Political Economy of the Investment Treaty Regime

This book synthesises and advances the growing literature on international investment law and policy by integrating legal, economic, and political perspectives.

Investor–State Dispute Settlement: Review of developments in 2016

The IIA Issues Note reviews developments in treaty-based investor–state dispute settlement (ISDS) in 2016.

International Investment Arbitration: Substantive principles

This work critically reviews the substantive principles of international law applied by investment tribunals, and describes the present state of the law created, applied and analyzed by tribunals.

International Investment Law and the Global Financial Architecture

This book analyzes arbitral and treaty practice, and evaluates ways towards a balanced system of investment protection in the financial sector.

The Use of Economics in International Trade and Investment Disputes

This volume explores insights from the fields of trade law, investment arbitration, competition law and commercial arbitration on the use of economics within disputes, providing a comprehensive overview of existing knowledge and practice regarding the use of economics in international economic law.

Domestic Law in International Investment Arbitration

Drawing on case law, international law principles and comparative analysis, this book addresses when and how investment tribunals should engage with domestic law.

Treaty Shopping in International Investment Law

The book examines the practice of treaty shopping—the strategic change of nationality or the strategic invocation of another nationality with the aim of accessing another investment treaty for purposes of investment arbitration—to investigate the challenges this practice poses in investment arbitration.