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34 Sing. L. Rev. 139 (2016)
The Territoriality Requirement in Investment Treaties: A Constraint on Jurisdictional Expansionism

handle is hein.journals/singlrev34 and id is 157 raw text is: Singapore Law Review (2016) 34 Sing L Rev THE TERRITORIALITY REQUIREMENT IN INVESTMENT TREATIES: A CONSTRAINT ON JURISDICTIONAL EXPANSIONISM CHRISTOPHER R ZHENG* Many investment treaties contain a jurisdictional requirement that investments be made 'in the territory' of the host state. This reflects the intentions of states parties that protection should only be given to investments which are subject to the host state's territorial prescriptive and enforcement jurisdiction. However, investors have increasingly sought to initiate investor-state arbitrations for disputes that may fall beyond the intended treaty framework. This article examines arbitral awards which have applied the territoriality requirement and articulates a distinctive approach to determining territoriality, grounded in the consent of states parties to investment treaties. It suggests that the territoriality requirement could play a significant role in preventing the over-expansion of subject-matter jurisdiction in investor-state arbitrations. I. INTRODUCTION Many bilateral and multilateral investment treaties, including the Energy Charter Treaty [ECT]1 and Chapter Eleven of the North American Free Trade * LL.B. candidate at the Faculty of Law, National University of Singapore; LL.M. candidate at the School of Law, New York University. I am immensely grateful for the guidance provided by Dr Jean Ho, Assistant Professor at the Faculty of Law, National University of Singapore. All errors and omissions herein remain my own. 1 Energy Charter Treaty, 17 December 1994, 2080 UNTS 95, 34 ILM 360 (entered into force 16 April 1998).

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