Introduction

The unprecedented surge of investor-state arbitration over the past two decades has inevitably spurred the further evolution of investment treaty practice and jurisprudence to elucidate the scope and meaning of standards of investment treatment. While disagreement and uncertainty still persist over the precise contours of substantive and procedural provision of international investment instruments, tribunals increasingly face the task of pronouncing upon more narrowly defined issues. The corresponding shift is easy to discern in the literature on the subject. That international ...