Foreign direct investment (FDI) is hailed as an important source of external financing for many developing countries. Improving developing countries’ access to global FDI flows is thus a central aim of the international community. International investment agreements (IIAs) are mentioned as effective policy instruments to promote FDI flows. In fact, many developing countries signed IIAs […]

Nowadays, there is an intense debate raging over the benefits and drawbacks of investment rules – and investor-state dispute settlement (ISDS) in particular – in trade and investment agreements currently under negotiations. In Europe, a growing number of observers is questioning the rationale of including an ISDS provision in the Transatlantic Trade and Investment Partnership […]

The Transatlantic Trade and Investment Partnership (TTIP), which the United States and the European Union (EU) have been negotiating since last summer, is currently the subject of heated debate. A growing number of people in Germany and Europe, led by a broad coalition of non-governmental organisations, favours calling time on the negotiations. It sees TTIP […]

Marc Bungenberg and Catharine Titi wrote an interesting contribution in UNCTAD’s Investment Policy Hub: The prospective EU-China investment agreement and the new potential for multilateralism in international investment law. UNCTAD asked me to comment, which I did: Marc Bungenberg and Catharine Titi are right in their assessment that the EU-China investment treaty’s importance extents well […]

In the debate regarding the transatlantic free trade agreement one issue has remained below the radar: the European Union (EU) is shortly to also commence negotiations with China. On 18 October the EU member states are set to pass the mandate for the negotiation of an international investment agreement with China. Beijing hopes that this […]

One of the recurrent debates on international investment rule-making relates to the question whether it is possible to establish a multilateral framework for investment (MFI). Proponents argue that growing foreign direct investment (FDI) from emerging countries, especially China, contributes to a new consensus on global investment rules. The crucial question however, should not be whether […]

Two weeks ago China and the US announced that they will restart the negotiations for a bilateral investment treaty, BIT for short. This may come as no surprise as the talks proceeded for years on a “technical level” due to the fact that the US side underwent a major review of its BIT practice. With […]