Julian Davis Mortenson

In its Award on Jurisdiction and Admissibility, a unanimous tribunal in Apotex, Inc. v. United States dismissed a Canadian manufacturer’s claims that the United States judiciary had violated NAFTA by…

Because international investment law so often involves the application of treaties, the Vienna Convention on the Law of Treaties plays a key role in structuring its application. Of particular…

My previous post described years of apparently intractable debate between two opposing camps of international lawyers about what kinds of economic activity should get international investment…

My last post described the ongoing controversy about the proper scope of “investment” under Article 25 of the ICSID Convention. The next two posts will draw on my recent article to argue that this…

Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…