Project One -
Draft Outline

"International Investment Law and Dispute Settlement"

(working title, subject to change)

  1. The setting and classic problem in international investment situations

  2. The history, economics, and politics of FDI

  3. FDI before international investment law: investors as aliens and the rights and responsibilities of states

  4. Early "investment protection" treaties (1st generation)

  5. FDI in the de-colonization context: newly independent developing countries finding their voice in the UN

  6. Bilateral Investment Treaties (BITs) from early examples to 21st century models (2nd to 4th generation)

  7. Regional and multilateral trade and investment agreements: OECD, WTO, MIGA, USMCA, ASEAN, CETA, etc.

  8. National laws governing foreign investment

  9. The definition of "investor" and "investment" 

  10. Guarantees against expropriation

10.1 Direct expropriation

10.2 Indirect expropriation 

11. Standards of host country conduct

11.1 Non-arbitrariness and non-discrimination

11.2 Fair and Equitable Treatment (FET) 

11.3 Full Protection and Security (FPS)

11.4 Umbrella Clauses and other protections in international investment agreements

12. Investor-State Contracts

13. Corruption​

14. Dispute settlement via investor-state arbitration

14.1 Initiation of proceedings by investors

14.2 Defenses by the destination country 

15. State-State Arbitration

16. Enforcement of ISDS awards

17. Current challenges and the future of investment law and ISDS 

18. Research options and strategies in International Investment Law