Browse Hierarchy CCDD312: Investment Arbitration: Substantive Protection

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The legal environment for international trade and foreign investment has changed dramatically since the end of the Cold War. Foreign investors are much more willing to pursue a claim of, for example, alleged expropriation or discriminatory behaviour by a host State. Further, public international law principles must also be considered once a state is involved. Principles of state responsibility, state defences and sovereign immunity are important aspects of investment arbitration. After explaining the rules of interpretation the module continues to review in detail each week the main substantive protections referred to in Bilateral Investment Treaties including expropriation, MFN, fair and equitable treatment. Quantification of damages by investment Tribunals is also explained.

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