Research and Analysis
Independent analysis of international investment law, arbitration, investment governance and the communities affected by investment.
Latest Posts
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The Future: Reforming ISDS for a Changing World
Reforming ISDS: From Dispute Settlement to Dispute Governance Investor–State Dispute Settlement (ISDS) is no longer a settled field. For much of its modern history, investment arbitration developed through a network of bilateral investment treaties, multilateral instruments, investment contracts and arbitration… read more…
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Communities Left Behind: Power and Investment Projects
Investment law is often described as technical, specialised, even neutral. Yet the rules that govern cross-border investment are not impartial; they reflect particular interests and priorities, protecting capital while leaving communities vulnerable to disruption. Large-scale investment reshapes governance itself: it… read more…
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Investment Screening in Kenya, Uganda and Tanzania: Who Gets to Enter?
Investment admission is never merely an Economic Decision. It is an exercise of regulatory power When a foreign investor decides to enter an African market, the question is often presented as a straightforward one: Is… read more…
Law & Arbitration
Case Files
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Case File 11 | Vattenfall v Germany
When the Energy Transition Meets Investment Protection Vattenfall v Germany rose from Germany’s decision to accelerate the phase-out of nuclear power following the Fukushima nuclear disaster in 2011. Vattenfall and… read more…
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Case File 10 | Burlington v Ecuador
When Environmental Harm Becomes an Investor Counterclaim Burlington v Ecuador is a particularly important case for the development of State counterclaims for environmental harm in investment arbitration. The Dispute: Burlington… read more…
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Case File 9 | Philip Morris v Uruguay
What happens when a State’s public-health regulations affect the value and use of a foreign investment? Philip Morris v Uruguay placed that question at the centre of an ICSID arbitration… read more…
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Case File 8 | Urbaser v Argentina
What happens when an investment dispute concerns a service essential to the enjoyment of a fundamental human right? Urbaser v Argentina placed the right to water, investor responsibilities and State… read more…
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Case File 07 | Heritage Oil & Gas Limited v URA (Uganda Revenue Authority)
When a Contractual Arbitration Clause Meets Statutory Tax Power The dispute Heritage Oil & Gas v URA (Uganda Revenue Authority) arose out of a petroleum Production Sharing Agreement concluded between… read more…
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Case File 06 | Nachingwea v Tanzania
Mining-Licence Cancellation and the Boundary Between Regulation and Expropriation The dispute Nachingwea v Tanzania concerned the Ntaka Hill Nickel Project in south-eastern Tanzania. The claimants’ group had developed the project… read more…
International Investment Law & Arbitration
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10 Core Rules & Concepts In Investment Protection.
Investor‑state protections in treaties and contracts safeguard cross-border investments and manage risks. Key standards like FET, MFN, National Treatment, Umbrella Clauses, and Legitimate Expectations ensure fairness and predictability. Mechanisms such… Read more…
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Investment Law Glossary: 45 Important Terms and Definitions
International investment law operates through a complex architecture of treaty standards, arbitral doctrines, and governance principles that shape how states regulate public interests and how investors claim protection. Core concepts… Read more…
Sustainability & Communities
Communities and Investments
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Communities Left Behind: Power and Investment Projects
Investment law is often described as technical, specialised, even neutral. Yet the rules that govern cross-border investment are not impartial; they reflect particular interests and priorities, protecting capital while leaving… read more…
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Community Participation and the Politics of Inclusion
Once participation has legitimised the project, conflict migrates. Resistance is recast as breach. Community harm becomes investor loss. The village disappears; the tribunal takes its place. In investment arbitration, the… read more…
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When Harm Becomes a Dispute
Investment-related harm begins in lived experiences, loss of land, water contamination, and displacement, not in legal disputes. Yet when these harms enter formal dispute resolution, they are narrowed, relocated, and… read more…
Investment and Governance
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Who Governs Investments? Kenya, Uganda and Tanzania Compared
How East African investment governance is structured across national investment authorities, entry mechanisms, regulatory oversight and strategic investment frameworks. Who Governs Investments in Kenya, Uganda and Tanzania? Investment law often speaks about “the State” as though it were a unified… read more…
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LAW & ARBITRATION
International investment law, arbitration, dispute settlement and the rules governing investment.
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Sustainability and Communities
Investment, development, environmental governance and the communities affected by them.
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INVESTMENT GOVERNANCE
The institutions, policies and regulatory frameworks that shape investment.