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 …

Since the 1990s, conflicts within international law on foreign investment have arisen as a
result of several competing interests. The neoliberal philosophy ensured inflexible …

The majority of BITs require that the host state accord foreign investments with a treatment
that is fair and equitable. 1 Although FET clauses were included, among other investment …

Investment treaty arbitration is fast becoming one of the most common methods of dispute
settlement in international law. Despite having ancient roots, tensions remain between the …

While international investment law is one of the most dynamic and thriving fields of
international law, it is increasingly criticized for failing to strike a fair balance between private …

Proportionality is intimately linked to the overarching concepts of self-defense, lawful force,
and the controlled application of violence. It is one of the most visible facets of humanitarian …

In this study, Caroline Henckels examines how investment tribunals have balanced the
competing interests of host states and foreign investors in determining state liability in …

This contribution presents international judicial institutions as multifunctional actors against
the background of a traditional understanding, which sees just one function: settling …

I. INTERNATIONAL INVESTMENT LAW: FROM GOOD GOVERNANCE FOR FOREIGN
INVESTORS TO GOOD GOVERNANCE FOR ALL CONTEMPORARY INTERNATIONAL …

The aim of this article is to restate, refine and defend the constitutionalist argument in
international law. As a basis for a more nuanced approach, the contribution sorts the …