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 6: Scope of international investment agreements and substantive protection standards

Catharine Titi


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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