# 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