The Legal Monster that lets Companies Sue Countries

This research paper examines the history and implications of European bilateral investment treaties (BITs), specifically focusing on the rise of investor-state arbitration which allows foreign investors to bypass national and European Union laws.

• Bilateral investment treaties (BITs) are increasingly established between developed and developing nations to protect investments from developed countries through non-discrimination guarantees. These treaties provide investors the ability to bring claims to international arbitral tribunals, often granting them rights more favorable than those available under the host state's national laws.
• There is a concerning increase in investor-state investment arbitration, which enables foreign investors to initiate treaty claims against governments in both developed and developing countries, effectively bypassing the laws of the European Union and national jurisdictions.

APA

Malik,, M. (2011). The Legal Monster that lets Companies Sue Countries. International Institute for Sustainable Development. https://www.iisd.org/articles/policy-analysis/legal-monster-lets-companies-sue-countries

Chicago

Malik,, Mahnaz. The Legal Monster that lets Companies Sue Countries. International Institute for Sustainable Development, 2011. https://www.iisd.org/articles/policy-analysis/legal-monster-lets-companies-sue-countries.

Wikipedia

{{cite report |last1=Malik, |first1=Mahnaz |title=The Legal Monster that lets Companies Sue Countries |publisher=International Institute for Sustainable Development |date=16 November 2011 |url=https://www.iisd.org/articles/policy-analysis/legal-monster-lets-companies-sue-countries |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{malik2011legal, author = {Malik,, Mahnaz}, title = {{The Legal Monster that lets Companies Sue Countries}}, institution = {International Institute for Sustainable Development}, year = {2011}, month = nov, url = {https://www.iisd.org/articles/policy-analysis/legal-monster-lets-companies-sue-countries}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }