Edited by Markus Krajewski and Rhea T. Hoffmann
Chapter 6: Scope of international investment agreements and substantive protection standards
The chapter discusses the scope of international investment agreements (IIAs) and the most important substantive standards they grant foreign investors. The chapter commences by exploring the scope of investment treaties, with an emphasis on the notion of ‘investment’ and ‘investor’. Consequently, it turns to substantive standards of protection, such as national treatment, protection against expropriation and fair and equitable treatment. Finally, it studies the use of exceptions and exclusions in international investment treaties. The chapter focuses on seminal topics relating to the scope of IIAs and substantive investment protections, paying particular attention to new generation investment treaties, in order to identify new trends and anticipate forthcoming changes, outlining a research agenda in a forward-looking manner.
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