# International Investment Law
64 Va. J. Int’l L. 475 (2024) ♦ Article
Concurrent Investor-State Claims Before Domestic Courts and Investment Treaty Arbitration Tribunals: Philip Morris, Vattenfall and Beyond
Concurrent legal proceedings, pursuing similar causes of action and relief across multiple forums, are usually difficult in domestic settings, if not impossible.
LUKE NOTTAGE & ROBERT STENDEL
64 Va. J. Int’l L. Online 1 (2024)♦ Online
Meeting the Looming Deadline for the Corporate Reorganization of Sino-Foreign Joint Ventures Under China’s 2020 Foreign Investment Law
In the wake of the landmark Foreign Investment Law of 2020, all Sino-foreign joint ventures formed under China’s prior foreign investment legal regime must reorganize and register in compliance with the requirements of the Company Law by December 31, 2024…
DANIEL C.K. CHOW
64 Va. J. Int’l L. Online 1 (2023) ♦ Online
Transformative Constitutionalism and International Investment Law
International investment law faces five core legitimacy challenges: the state-dependency challenge, the human and constitutional rights challenge, the equality challenge, the standard of protection challenge, and the investor state dispute settlement system…
CARLOS BERNAL
62 Va. J. Int’l L. 383 (2022) ♦ Article
The Elastic Corporate Form in International Law
International law is distorting basic features of the corporate form, like separate legal personality and limited liability, sometimes beyond recognition. Surprisingly, this is occurring in the law and institutions governing foreign investment—a field…
JULIAN ARATO
58 Va. J. Int’l L. 403 (2019) ♦ Note
The Utility of Futility: Local Remedies Rules in International Investment Law
The local remedies rule is a customary rule of international law that requires foreign petitioners to exhaust domestic remedies before seeking international dispute resolution. Futility is an equitable exception that excuses noncompliance on the grounds that…
ZACHARY MOLLENGARDEN
63 Va. J. Int’l L. 447 (2023) ♦ Article
Rethinking International Investment Law: Form, Function & Reform
Under International investment law (IIL) is at an “inflection point.” Several States are abandoning it, while others are meeting to debate and reform it. This Article reconsiders the conventional debates and reforms by asking a simple question: What is the function…
STRATOS PAHIS
61 Va. J. Int’l L. 111 (2020) ♦ Article
The Rise of the Nonstate Actor: The New Face of the Bilateral Investment Treaty in the Middle East
This Essay will argue that the bilateral investment treaty, as the primary tool within international investment law for protecting the rights of foreign investors against sovereign states, are outdated and fail to account for the role of violent nonstate actors in…
MARY KABIR-SERAJ BISCHOPING