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A Research Agenda for International Investment Law

Edited by: Andrew D. Mitchell, Chen Yu, Tien Dat Hoang

ISBN13: 9781035328130
To be Published: April 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



This timely Research Agenda explores how international investment law is evolving in response to economic, technological, and environmental changes. It addresses the balance between protecting foreign investors’ rights and allowing states to regulate important public matters such as public health, environmental protection, and human rights.

Leading experts in the field discuss the complexities of investor-state disputes, how these disputes impact global legal frameworks and future directions for system reform. Topics including the digital economy, environment protection, human rights, public health, dispute prevention, property law, the perspective of the Global South, the judicialisation of dispute mechanisms and the importance of transparency in arbitration for public trust are analysed in depth. By examining both traditional and emerging challenges, contributing authors canvass the ways to reform investment law to be fairer and more effective in light of global challenges and outline issues to be explored further in future research.

Interdisciplinary in scope, A Research Agenda for International Investment Law is an important resource for academics, researchers and students of economic law, trade law and international investment law. Legal practitioners, policymakers, economists, political scientists, human rights and environmental advocates, and government officials will also benefit from the book’s practical insights.

Subjects:
International Investment Law
Contents:
1. Introduction to A Research Agenda for International Investment Law 1
Andrew D Mitchell and Chen Yu
2. Dynamics of change in international investment law 11
Thomas Schultz and Cédric Dupont
3. Investment law and the digital economy 31
Georgios Dimitropoulos
4. Investor-state dispute prevention mechanisms: the path towards a peaceable and sustainable relationship 55
Andrew D Mitchell and Tien Dat Hoang
5. The importance of property in international investment law 75
Lucas Clover and Alcolea
6. A new analytical matrix for understanding international investment law agreements in the Global South 103
Fabio Morosini and Ely Caetano Xavier Junior
7. Emerging environmental principles in international investment law: a quiet revolution? 127
James Munro
8. International investment law and public health: the need for forward-looking reforms 145
Elizabeth Sheargold
9. Transparency in investment treaty arbitration: past, present and future 165
Esmé Shirlow
10. Conditional judicialisation of international investment dispute settlement 181
Chen Yu