System-Building in Investment Treaty Arbitration and Lawmaking
Since the late 1990s investment treaty arbitration has developed into one of the most vibrant fields of international dispute settlement with now almost 400 known cases.1 It involves claims by foreign investors against host States for breach of obligations assumed under one of the more than 2,700 bilateral investment treaties (BITs), under the numerous investment chapters in bilateral or regional free trade agreements including the North American Free Trade Agreement,3 or under sectoral treaties such as the Energy Charter Treaty.4 All of these instruments offer comprehensive protection to foreign investors by setting down principles of substantive investment protection, including national and most-favored-nation treatment, fair and equitable treatment, full protection and security, protection against expropriation without compensation, and free capital transfer.
KeywordsInvestment Protection Dispute Settlement Domestic Court Arbitral Tribunal Investment Treaty
Unable to display preview. Download preview PDF.