Brill Research Perspectives in International Investment Law and Arbitration
Editors-in-Chief: Ian A. Laird, Crowell & Moring; Columbia Law School; Georgetown University Law Center; International Law Institute, and Borzu Sabahi, Curtis, Mallet-Prevost, Colt & Mosle LLP; Columbia Law School; Georgetown University Law Center; International Law Institute
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International Investment Law and Arbitration provides a systematic review of key topics in this increasingly important area of international law and practice. Foreign investment (particularly FDI) continues to be a catalyst for development. To promote and protect the flow of such investments, countries worldwide have entered into thousands of investment treaties and domestic investment laws, which requires them to protect foreign investment in their territories. These treaties also allow foreign investors to directly sue governments before international arbitration tribunals for treaty violations ranging from old-fashioned “expropriation without compensation” to violations of more modern protections such as the so-called “fair and equitable” standard of treatment. The claims raise a mix of public international law, private and public law, and public policy issues requiring an examination of the legitimacy of a government’s exercise of its core functions including regulatory (involving taxation, health, and environment), administrative, and police powers and the balance of those against foreign investors’ rights under the treaties. This journal addresses these issues and aims to provide an authoritative reference guide for scholars and practitioners.