From Tangible to Digital: How Will Digital Assets Integrate with Investment Treaties - ASA Bulletin View From Tangible to Digital: How Will Digital Assets Integrate with Investment Treaties by - ASA Bulletin From Tangible to Digital: How Will Digital Assets Integrate with Investment Treaties 42 2

As we approach the first quarter mark of the twenty-first century, we have seen the expansion of the definition of a protected investment in investment treaties. While many investment treaties were signed at a time when only physical investments were contemplated, as our modern technological industrialists continue to rapidly push innovation forward and write the code for new digital assets, our understanding of what a protected investment is may also be innovated. Yet, the definition of a digital asset and whether it can be considered a protected investment under an investment treaty remain difficult questions. This article seeks to contribute to an ongoing debate about the meaning and scope of protected investments under investment treaties and in particular whether an entirely intangible digital asset can exist within the territory of a host State.

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