In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest explores the prohibition of performance requirements in investment treaties. The author focuses on answering two questions: first, how do States prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? In providing answers to these questions, Alexandre Genest breaks new ground by proposing the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject. Alexandre Genest formulates insightful remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. These remarks will help improve the drafting of performance requirement prohibitions in future investment treaties.

Hearing held on the 1997 Kyoto Protocol, in which the administration agreed to legally binding obligations to reduce U.S. greenhouse gas emissions to 7% below 1990 levels during the years 2008 to 2011. Witnesses: Sen. Daniel Akaka, Evan Bayh, Jeff Bingaman, Jim Bunning, Conrad Burns, Larry Craig, Peter Fitzgerald, Bob Graham, Chuck Hagel, Mary Landrieu, Blanche Lincoln, Frank Murkowski, & Craig Thomas; Jay Hakes, Admin., U.S. Energy Info. Admin.; Mary Novak, Energy Service, WEFA, Inc., Burlington, MA; Cecil Roberts, United Mine Workers of America; Margo Thorning, Amer. Council for Capital Formation; & Janet Yellen, Council of Economic Advisers.