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Handbook of International Investment Law and Policy

• Reference work
• © 2021
• Julien Chaisse 0 ,
• Leïla Choukroune 1 ,
• Sufian Jusoh 2

School of Law, City University of Hong Kong, Kowloon, Hong Kong

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School of Business and Law, University of Portsmouth, Portsmouth, UK

Institute of malaysian and international studies, national university of malaysia, bangi, malaysia.

Provides an unprecedented range of authoritative and original chapters from leading world experts in international investment law and policy

Critically examines the interactions between international investment law and a large number of other international law domains

Serves as an essential resource for all interested in the broad relationship between investment law and other legal fields

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About this book

The Handbook of International Investment Law and Policy is a one‐stop reference source. This handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision with particular emphasis on Global South related issues and developments. In this respect, the handbook provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law.

Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors‐in‐chief of this 2500+ pages reference book, which is anticipated to become one of the most influenced reference books in the international economic law areas.

A highly comprehensive set of four volumes of original materials, the handbook is designed to cover all facets of international investment law and policy. The chapters, written by world‐leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor‐state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV).

The handbook features more than 100 contributions from leading experts (acade‐mics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst‐Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi‐Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo‐Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal‐Arcas, James Nedumpara, Rodrigo Polanco, to name some.

This handbook is an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the  Handbook of International Investment Law and Policy useful for years to come.

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Definitions, Standards of Treatment, Promotion and Protection of International Investments: An Introduction

International Investment Law: A Journey from the Past to the Future

International Investments Standards of Treatment, Promotion, and Protection: An Introduction

• International Investment Law
• Dispute Settlement
• International Law
• Global South
• National Treatment Standard

Table of contents (102 entries)

Front matter, definitions, standards of treatment, promotion and protection of international investments.

• Julien Chaisse, Leïla Choukroune, Sufian Jusoh

Definitions and Concepts

The concept of “investment”: treaty definitions and arbitration interpretations.

• Wenhua Shan, Lu Wang

The Definition of Investor in Investment Treaty Arbitration

• Domenico Di Pietro, Kevin Cheung

Specific Approval Requirement in Investment Treaties: A Pursuit of Legitimate Policy Objectives

• Teerawat Wongkaew

Legitimate Expectations in Investment Treaty Law: Concept and Scope of Application

• Emmanuel T. Laryea

Good Faith in International Investment Law and Policy

• Sanja Djajić

Investment Promotion Agencies: Investment Attraction, Policy Role, and Response to Crises

• Carlos Portales Undurraga, Cristián Rodríguez Chiffelle

Effects of BITs on FDI: The Role of Publication Bias

• Lorenz Reiter, Christian Bellak

Protection of Cross-Border Data Flows Under International Investment Law

• Sheng Zhang

Standards of Treatment, Promotion, and Protection

The national treatment obligation: law and practice of investment treaties.

• Manini Brar

The Standard of Most-Favored-Nation Treatment in Investor-State Dispute Settlement Practice

• James M. Claxton

The MFN Clause in Investment Law and Arbitration: A Developing Countries Perspective

• Tanjina Sharmin

Full Protection and Security and Its Overlap with Fair and Equitable Treatment

• Romesh Weeramantry

Performance Requirement Prohibitions in International Investment Law

• David Collins

Local Content Policies and Their Implications for International Investment Law

• Damilola S. Olawuyi

The Umbrella Revolution: State Contracts and Umbrella Clauses in Contemporary Investment Law

• Olga Boltenko

Editors and Affiliations

Julien Chaisse

Leïla Choukroune

Sufian Jusoh

About the editors

Dr. Julien Chaisse is Professor at the City University of Hong Kong, School of Law. He is a globally recognized authority on the intersection between international economic law (trade, investment, and tax), international dispute resolution, and the transnational law of globalization. His scholarship, which includes a dozen books and over 60 articles and book chapters, has created an enduring presence in the academic space and has even been cited by international courts/tribunals as well as US courts. In 2021, he was awarded the prestigious SmitLowenfeld Prize of the International Arbitration Club of New York for the best article published in the field of international arbitration. As a leading scholar in the field of international economic law, he sits on the editorial board of several high-impact international journals, and he is currently joint editor-in-chief of the Asia Pacific Law Review. Teaching in Europe and Asia-Pacific for almost 20 years, he has advised and mentored three dozen students and has lectured in more than a dozen graduate and undergraduate courses. He is an experienced arbitrator and he adjudicated on more than 20 cases (some of which have been cited and discussed in the international press). He is also frequently called upon to appear as an expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts. He is a sought-after consultant/expert to international organizations, governments, law firms, and private investors. He has advised international organizations and governments on private and public international law issues (including concessions contracts, special economic xxi zones, investment structuring, State and international organization immunities, and WTO accession) and assisted with the drafting of legislation in Austria, Azerbaijan, Canada, Ivory Coast, France, Georgia, Mongolia, Morocco, Pakistan, and Vietnam. Prior to joining City University School of Law, Dr. Chaisse taught at the Chinese University of Hong Kong (2009– 2019) where he served as research center director and Ph.D. and M.Phil. program director. He earlier worked as deputy head of the team analyzing the rules for multilateral trade and investment agreements at the World Trade Institute (Switzerland, 2006–2009), lecturer at elite school Sciences Po Aix (France, 2004– 2006), and as junior lawyer for the French Ministry of Foreign Affairs in New Delhi (Embassy of France in India, 2001–2004)..

Leïla Choukroune is Professor of international law and Director of the University of Portsmouth Thematic Area in Democratic Citizenship. Her research focuses on the interactions between international trade and investment law, human rights, development studies, jurisprudence, and social theory. For the past 20 years, it has been applied to the Global South in India, South Asia, China, and East Africa, in particular. She has published about 100 scientific articles, book chapters, and journal special issues in English, French, Spanish, and Chinese. She also has authored more than 10 books, including Judging the State in International Trade and Investment Law (2016), Exploring Indian Modernities (2018), Adjudicating Businesses in India (2021), and International Economic Law (2021). She is editor of the Springer book series International Law and the Global South (https://www.springer.com/ series/13447?detailsPage¼titles-) and the Routledge book series Human Rights, Citizenship and the Law (https://www.routledge.com/Studies-in-CitizenshipHuman-Rights-and-the-Law/book-series/HRLCITIZE NSHIP). She is also associate editor of the Manchester Journal of International Economic Law (https://www. electronicpublications.org/catalogue.php?id¼48#board) xxii About the Editors and member of the editorial boards of the leading peerreviewed journals China Perspectives and Perspectives Chinoises. She is working on the creation of a new journal in international law and development with a Global South orientation. She regularly publishes in the global media and has given a large number of interviews about her research and its impact. Together with Professor James Nedumpara, she is cochair of the South Asia International Economic Law Network (SAIELN), a learned society that endeavors to foster research and publication in international economic law. She has taught all disciplines of international law to graduate and postgraduate students as well as specialized executive courses and programs in Europe, Asia, and Africa. She has also supervised and mentored a very large number of students at master’s and PhD levels. Professor Choukroune is regularly solicited as an independent expert on international economic law and business and human rights issues. She has been an independent adviser to the International Federation of Human Rights (FIDH) and a member of the French National Books Commission (CNL). She is officer of “l’Ordre du mérité” (Knight of the Order of Merit – conferred by the French government). Before joining the University of Portsmouth, she was director of the Centre for Social Sciences and Humanities (CSH), a research unit of the CNRS based in New Delhi (India); associate professor in the Law Faculty at Maastricht University (Netherlands); deputy director of the Institute for Globalization and International Regulation (IGIR); director of the advanced master’s in international economic law (Maastricht University); assistant professor at HEC Paris; consultant for the OECD; lecturer at Paris I Panthéon-Sorbonne; and researcher at the French Centre for Research on Contemporary China (CEFC), a unit of the CNRS in Hong Kong. Professor Choukroune holds a doctorate in international law (summa cum laude – highest honor) from the University Paris I Panthéon Sorbonne and is a qualified lawyer to the Paris Bar. She is fluent in French, English, and Spanish; speaks Chinese and German; and learns Hindi.

Sufian Jusoh  is the Director and Professor of International Trade and Investment at the Institute of Malaysia and International Studies, Universiti Kebangsaan Malaysia. Sufian is the Chair of the ASEAN Integration Grand Challenge for Universiti Kebangsaan Malaysia.

Sufian is also an External Fellow of the World Trade Institute, University of Bern, Switzerland and a Distinguished Fellow at the Institute of Diplomacy and Foreign Relations, Ministry of Foreign Affairs, Malaysia. Sufian is now an International Investment Law Expert at the World Bank Group. Sufian is the Co-Founder of the ASEAN Economic Integration Forum and a Member of the Pacific Economic Cooperation Council Malaysian Chapter. Sufian also plays a key role in the reform of the investment laws in Myanmar, Timor Leste, Laos and the Federated States of Micronesia.

Sufian has been a consultant to many countries and international organisations such as the World Bank, the Asian Development Bank, ASEAN, the World Trade Organisation, the World Intellectual Property Organisation, the United Nations’ Conference on Trade and Development and the United Nations’ Economic Commission for Asia and the Pacific.

Bibliographic Information

Book Title : Handbook of International Investment Law and Policy

Editors : Julien Chaisse, Leïla Choukroune, Sufian Jusoh

DOI : https://doi.org/10.1007/978-981-13-3615-7

Publisher : Springer Singapore

eBook Packages : Law and Criminology , Reference Module Humanities and Social Sciences , Reference Module Business, Economics and Social Sciences

Copyright Information : Springer Nature Singapore Pte Ltd. 2021

Hardcover ISBN : 978-981-13-3614-0 Published: 17 August 2021

eBook ISBN : 978-981-13-3615-7 Published: 16 August 2021

Edition Number : 1

Number of Pages : XXXI, 2788

Number of Illustrations : 2 b/w illustrations, 15 illustrations in colour

Topics : International Economic Law, Trade Law , Sources and Subjects of International Law, International Organizations , IT Law, Media Law, Intellectual Property , Investment Appraisal , Law and Economics

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International Investment Law and the Rule of Law

published in Jeffrey Lowell, J. Christopher Thomas and Jan van Zyl Smit (eds.), Rule of Law Symposium 2014: The Importance of the Rule of Law in Promoting Development (Singapore: Academy Publishing, 2015) 81-102

Amsterdam Law School Research Paper No. 2017-18

Amsterdam Center for International Law No. 2017-15

20 Pages Posted: 13 Mar 2017

Stephan W. Schill

University of Amsterdam

Date Written: 2014

The growth of investment treaties and investment treaty arbitration has led, within a short space of time, to a lively debate about the benefits, justification, and problems of this special regime for foreign investors. Criticism of international investment law and investment treaty arbitration has focused inter alia on the field’s tensions with the concept of the rule of law. This paper, by contrast, lays out the positive case for understanding international investment law as an instrument for the furtherance of the rule of law. It addresses how the very existence of treaties that provide for special protection to foreign investors can be squared with the concept of the rule of law and the idea of “equality before the law” inherent in it. Second, it shows to which extent the substantive standards of investment treaties reflect the content of the rule of law. Third, it discusses how access to investor-state arbitration can be seen as part of the rule of law. Despite these positive linkages between investment law and the rule of law, certain shortcomings have to be acknowledged, such as inconsistencies in arbitral decision-making, assymmetries in the protection and access to justice they offer, and certain limitations to policy space. In these respects, the concept of the rule of law should serve as a guidepost for reorienting investment law and investment arbitration.

Keywords: international investment law, investment treaty arbitration, rule of law, standards of treatment, development, fair and equitable treatment, judicial review

JEL Classification: K33

Suggested Citation: Suggested Citation

Stephan W. Schill (Contact Author)

University of amsterdam ( email ).

Spui 21 Amsterdam, 1018 WB Netherlands

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International Investment Law Research Guide

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International investment law governs foreign direct investment and the resolution of disputes between foreign investors and sovereign states . This guide identifies the best resources for locating primary and secondary materials related to international investment law, with an emphasis on bilateral investment treaties (BITs) and the arbitration of investor-state disputes .   

Key Resources for International Investment Law Research

• Global Arbitration Review (GAR) Specialized news source for monitoring the latest developments in investor-state arbitration.  Also publishes practitioner guides and annual surveys.  
• Investment Arbitration Reporter (IAR)   Access articles and commentary about pending and recently concluded arbitrations, plus profiles of leading arbitrators.  
• Investment Claims   Access arbitral decisions and awards, bilateral investment treaties, and articles and book chapters on investment law.  
• Investment Policy Hub   This free resource, maintained by the United Nations Conference on Trade and Development (UNCTAD), covers national laws governing foreign investment, investment treaties, investor-state disputes, and related matters.  
• Investor-State Law Guide (ISLG) Includes a database of investor-state dispute documents; analytical tools for researching arbitral decisions by topic or by treaty article; and a citator for determining whether arbitral decisions have been cited by tribunals in subsequent cases.  
• Jus Mundi Jus Mundi offers a user-friendly search engine with multiple filters for locating bilateral investment treaties, arbitration rules, arbitral decision and awards, and court decisions concerning the recognition and enforcement of arbitral awards.  
• Kluwer Arbitration   Covers both international investment law and international commercial arbitration between private parties.  Content includes both primary sources (treaties, national laws, arbitral decisions and awards) and secondary sources (e-book chapters, journal articles).   

For more detailed information about the resources described above, see the Free & Subscription-Based Databases page of this research guide.  

Research Assistance and Help with Related Topics

If you need assistance with international investment law research, visit the Research Help page of the Georgetown University Law Library's website. Or contact the Law Library's International and Foreign Law Department by phone (202-662-4195) or by email ( [email protected] ).  Georgetown Law Center students may schedule a one-on-one research consultation with a librarian.

For advice on researching the resolution of international commercial disputes between private parties, consult the Law Library's guide to  International Commercial Arbitration .

Investment Arbitration

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Justice and the Reform of International Investment Law

This paper focuses on the reforms proposed to investment law, in particular in relation to dispute resolution, from the standpoint of justice. It sets out the ways that the proposed adoption of a standing investment court with an appellate instance would impact the justice of the international investment law system by focusing on the notion of justice as fairness. By assessing the impacts of the proposed changes’ limits on the discourse about investment law, I argue that the effects of the proposed reforms will dampen tribunal exchanges about contentious legal interpretations. This will not move the system closer to a fully just international order because the core values are not ones of discourse but rather those of protecting state sovereignty. Justice, if it follows, will be only that which fits within the framework of heightened sovereign power.

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Journal and Issue

Articles in the same issue.