This Article applies the theory of comparative institutional analysis to evaluate the trade-offs
associated with alternative mechanisms for resolving investment disputes. We assess the …

The climate surrounding foreign investment law is one of controversy and change, and with
implications for human rights and environmental protection, foreign investment law has …

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 …

International investment law is perhaps the fastest growing area of international law and
dispute settlement today. While it is a field that has emerged in practice essentially only …

The historical arrangement properly reflects the deference that international tribunals owe to
state autonomy. This Article suggests three reasons for tribunals to respect a state's decision …

In 1998, the book Dealing in Virtue chronicled the rise of international arbitration and a corps
of arbitrators who, through private ordering and intense competition, established themselves …

Scholars have paid much attention to judicial decision making and behavior.'In exploring the
theoretical aspects of judicial decisions, legal scholars and social scientists have offered …