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EU Trade and Investment Policy: The Role of Public Services
The purpose of this chapter is to determine how the EU should balance the advancement of its trade and investment policy with space for public...
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Material Relevance of the Climate Change International Legal Framework in Investment Treaty Law: Unveiling Climate Change Disputes in Investment Treaty Law
According to the practice of investment treaty tribunals, the formal relevance of the climate change legal framework needs to be accompanied by an...
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Investor Obligations in India’s New Bilateral Investment Treaties: Emergence of New Treaty Practice
Typically, Bilateral investment treaties (BITs) are unidimensional instruments that confer rights on foreign investors and impose obligations on host...
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How to Handle State-Owned Enterprises in EU-China Investment Talks
Chinese state-owned enterprises (SOEs) are among the main obstacles preventing China and the European Union from agreeing on a bilateral investment...
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Green Shoots in a Barren World: Recent Developments in International Investment Law
This article begins from the observation that there have been a number of developments in international investment law-making and the jurisprudence...
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Third-Country Regime and Equivalence: FinTechs
While equivalence decisions are a well-known feature of EU/EEA financial regulation, EU/EEA regulatory law has not yet introduced FinTech-specific...
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Six Must-dos for Enterprises from Overseas and Taiwan in the Face of Foreign Investment Industries (2017 Revision)
Foreign Investment Law of the People’s Republic of China (hereinafter referred to as the Foreign Investment Law), as adopted at the 2nd Session of...
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An Analysis of the Implementation Regulations for the Foreign Investment Law and Supreme Court Legal Interpretations
As the Foreign Investment Law came into force on 1 January 2020, the State Council and the Supreme Court issued the Implementation Regulations for...
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The Mainstreaming Agenda of the Convention on Biological Diversity and Its Value to Protecting and Enhancing Soil Ecosystem Services
This chapter highlights the importance of soil biodiversity in the provision of ecosystem services, and its relevance in the context of the...
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From Principal Openness Towards Reciprocity: Reorienting the Normative Foundation of the EU Investment Screening Practice in Light of Geoeconomic Competition
Scholarly discourse has identified EU investment screening as revolutionary in recent years due to its shift away from principal openness to foreign...
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Multilateral and Bilateral Energy Investment Treaties
This chapter provides an analysis of bilateral, regional, and multilateral energy investment treaties. The argument is that, although investment is a...
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African Investment Agreement Reform and Its Contribution to Sustainable Foreign Investment
The African Union Agenda 2063 prominently supports that foreign investment and sustainable development are closely linked allies that mutually...
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Crime in International Investment Arbitration
While profit and power are great motivators, sometimes those that pursue them exceed the bounds of legality to do so. That means that there is a good...
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Critical Perspectives on International Investment Law
The international investment regime is, in principle, a vehicle to enable sustainable foreign direct investment and create favorable conditions for...
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National Security Review for Foreign Investment in China: A Transnational Evolution
The national security review mechanisms for foreign investments in China are influenced strongly by cross-border factors. Since China’s reform and...
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A Brief Analysis of the Catalogue for the Guidance of Foreign Investment Industries (2017 Revision)
On June 28, 2017, the National Development and Reform Commission and the Ministry of Commerce jointly issued the Catalogue for the Guidance of...
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‘Necessary’ in Non-Precluded Measures Provisions in Bilateral Investment Treaties: The Indian Contribution
One of the controversial issues in international investment law disputes has been the interpretation of ‘necessary’ in the non-precluded measures...
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Environmental Protection in International Investment Arbitration: From Defences to Counterclaims
This chapter examines how environmental protection has been invoked as basis for host State defencesDefence against investor claims, host State...
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“One-Stop” Commercial Dispute Resolution Services: Implications for International Investment Law
This chapter examines the likely impact of integrated international dispute resolution services on the investment arbitration regime in three...
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States’ Shareholding as a Tool of Investment Control in Strategically Important Companies: Any Consequences for International Responsibility?
The investment screening regulations are not the only tool the states use to control the influx of foreign investments. Arguably, it is rather the...