Digitalisation, New Technologies, and International Investment Law: An Introduction

International investment law faces a paradigm shift with the rise of the digital economy. Emerging technologies such as blockchain, artificial intelligence, and the platform economy redefine investment dynamics while challenging traditional regulatory frameworks. Digitalisation expands cross-border investment opportunities in areas like AI, genomics, and smart infrastructure, while also complicating traditional jurisdictional and territorial considerations. The shift from physical to digital assets necessitates a re-evaluation of the classic definitions of an ‘investor’ and ‘investment’. Meanwhile, states increasingly regulate strategic digital assets under national security concerns, introducing measures ranging from data localization mandates to investment screening mechanisms. These changes raise geopolitical and geoeconomic tensions and highlight disparities in digital governance models between major powers. Investor-state dispute settlement (ISDS) may have to adapt to address disputes over digital assets and data, as well as leverage AI and other digital technologies for efficiency while safeguarding due process. This chapter, along with the broader volume, examines these themes, emphasising balanced frameworks that promote innovation while safeguarding public interests in the evolving digital economy.