“…on Trade Related Investment Measures~TRIMs! addresses only trade-related aspects of FDI and, unlike most BITs, the WTO does not afford investors direct access to disputesettlement procedures+ Furthermore, unlike the Energy Charter Treaty, BITs' coverage is not limited to a particular sector or industry+ While private contracts offer a potential alternative to BITs for managing government-MNE relationships, a contract is far more limited in scope because it governs only those activities pertain-6+ See Li and Resnick 2003;andLi 2006+ 7+ See Jensen 2003;Moran 1999;andStasavage 2002+ 8+ See Vernon 1971;andMoran 1985+ 9+ See Büthe andMilner 2008;Li 2009;Kobrin 1984;Henisz 2000;and Moran 1985+ 10+ While risks of adverse policy changes vary across sectors and states, all firms face some risk because of the illiquid nature of their investment+ See Kobrin 1980;andLi 2009+ 11+ See, for example, Koremenos, Lipson, andSnidal 2001;North and Weingast 1989;andSnidal 2000+ 12+ See Büthe andMilner 2009;andKerner 2009+ 13+ See UNCTAD 2009;and Kerner 2009+ ing to a single investment relationship, and direct investor-government contracts are uncommon for smaller-scale investments or projects undertaken by small-and medium-sized firms, which make up the majority of MNEs operating in the world today+ 14 The high institutional profile of BITs in the area of FDI is reflected in the growing number of studies that have sought to establish their effects on investment flows, and while these effects continue to be debated, several recent, methodologically sophisticated studies have found that BITs do significantly increase investment+ 15 BITs contain several design features that help make governments' commitments to afford investors a favorable investment environment more credible+ First, they contain a series of obligations of favorable treatment to foreign investors including, among others, commitments to treat foreign investors from their treaty partners in a fair, equitable, and nondiscriminatory manner, and to pay appropriate compensation in cases of expropriation+ Crucially, these obligations are highly legalized, that is, they are legally binding to a high degree+ 16 The high legalization of obligations undertaken in treaty commitments is important because it increases their credibility by raising the costs and difficu...…”