Research Handbook on Foreign Direct Investment
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Research Handbook on Foreign Direct Investment

Edited by Markus Krajewski and Rhea T. Hoffmann

Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
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Chapter 5: Trends and reform debates

Elisabeth Tuerk, Jorun Baumgartner and Dafina Atanasova

Abstract

Growing unease with the current functioning of the global regime of international investment agreements (IIA), together with today’s sustainable development imperative, the greater role of governments in the economy and the evolution of the investment landscape have triggered a move towards reforming international investment rulemaking to make it better suited for today’s policy challenges. As a result, the IIA regime is going through a period of reflection, review and revision. This chapter provides an overview of key points of criticism against the current IIA regime and recent trends and debates informing IIA reform. As such, it lays out selected IIA aspects and dynamics from a ‘bird’s eye view’ and prepares the ground for more in-depth discussions by other authors in later chapters.

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