National security policies increasingly threaten the rules that govern trade and in-vestment
flows. This problem is deeper and far mnore intractable than recent high-profile coritro …

When the skin of an Australian platypus was first taken to England in the 1700s, scientists
thought it was a fake. It looked like someone had sewn a duck's bill onto a beaver's body; …

Investment treaties are some of the most controversial but least understood instruments of
global economic governance. Public interest in international investment arbitration is …

A key problem in the investment treaty field is that the balance of power between treaty par
ties and tribunals concerning the authority to interpret investment treaties is askew. In theory …

Modern investment treaties give private arbitrators power to determine whether governments
should pay compensation to foreign investors for a wide range of sovereign acts. In recent …

This Article argues that investment treaties subtly constrain how nations organize their
internal systems of private law, including laws of property, contracts, corporations, and …

Whereas the rational choice approach to international law has been widely accepted in
legal scholarship and international relations theory, challenges to the rational choice …

Treaties are negotiated, usually written down, and often subject to cumbersome domestic
ratification processes. Nonetheless, nations often have the right to withdraw unilaterally from …

Given that their main function is to forge durable commitments, it is notable that many
international treaties change over time through the practice of renegotiation. While some …

States' efforts to reform the international investment regime have triggered an arbitral
backlash. In response to shortcomings of earlier investment agreements, states concluded a …