Introduction

The proposals by ICSID in the Discussion Paper do not have a direct impact on the depth of specificity with which the US, Canada or other countries proceed with BITs or investment chapters of FTAs, for the following reasons: The level of detail with which the substantive international rules of law for foreign investment are addressed has grown in such treaties. The ICSID Convention does not contain any substantive rules of law regarding foreign investment, it merely provides a forum. Depending on the particular dispute and the particular consent to ICSID ...