Investment treaties are complex international economic agreements. Th ey are crafted
to provide predictability, and security to foreign investors, while protecting the national
interests of host countries and remaining legitimate in the eyes of civil society. Th ese
competing objectives are variously expressed through principles developed in international
customary law, as well as in a plethora of free trade and bilateral investment
treaties. Th ese customary and treaty laws prescribe, not always consistently, who is an
investor, what is an investment, and what is an expropriation. Th ey highlight sometimes
disparate standards of treatment that states are required to accord to foreign
investors, such as national treatment, the minimum standards of justice, and fair and
equitable treatment. Th ey also provide for the protection of the national interests of
diff erent states, such as essential national security, public health, and protection of the
environment. Th ey, more recently, echo the sentiments of civil society by providing,
or referencing, transparency and public input. In the event of a confl ict, these treaties
rely primarily on investor–state arbitration to resolve claims brought by foreign investors
against host states, but again with variable results.