Comments on the discipline of «National Treatment» in international investment law : boosting good governance versus intruding into domestic regulatory space?

Abstract

This essay focuses on the legal scope of the national treatment principle in international investment law, mainly as it is formulated in international (bilateral and multilateral) investment treaties and in particular as it is slowly emerging in recent, law-applying and law-making, jurisprudence of arbitral tribunals set up for direct investor-state arbitration under modern investment treaties.