Trends in Investment Treaties and Arbitration

CCSI monitors current developments in international investment law and policy, focusing on trends in foreign direct investment (FDI), international investment agreements, and investment disputes, as well as the central issues in contemporary discussions over international investment law and policy. 

Relevant works include: Yearbook on International Investment Law and Policy

  • Most Yearbook editions include a CCSI-authored chapter analyzing developments in treaty drafting and new models. These chapters can be accessed on the Yearbook page.

Commentary on Trends and Developments

Investment policy is complex and shifting: The past ten years have seen negotiation of "megaregionals" such as the Trans-Pacific Partnership Agreement and the Regional Comprehensive Economic Partnership Agreement. We've also seen renegotiations, such as of the North American Free Trade Agreement and the Energy Charter Treaty, and dramatic shifts in direction.

Relatedly, we are seeing the continued growth of the investor-state dispute settlement (ISDS) industry, and a growing number of cases using ISDS to challenge government conduct. 

CCSI follows, analyzes, and comments on key developments. Some of our relevant work is included below.