Bilateral Investment Treaties 1995-2006: Trends in by United Nations

By United Nations

The variety of bilateral funding treaties (BITs) among nations elevated from a bit over 1,000 to greater than 2,500 among 1995 and 2006. the current research presents an in-depth research of the new evolution of sizeable provisions present in BITs. The examine makes use of a variety of examples from BITs concluded among 1995 and 2006 to help its research.

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Extra resources for Bilateral Investment Treaties 1995-2006: Trends in Investment Rulemaking

Example text

A) A Party may adopt or maintain exceptions to the obligations of paragraph 1 in the sectors or with respect to the matters specified in the Annex to this Treaty. Each Contracting Party shall permit establishment of a new business enterprise or acquisition of an existing business enterprise or a share of such enterprise by investors or prospective investors of the other Contracting Party on a basis no less favorable than that which, in like circumstances, it permits such acquisition or establishment by: investors or prospective investors of any third State; its own investors or prospective investors.

Admission and establishment of investment The issue of admission and establishment refers to the entry of investments of investors of a contracting party into the territory of another contracting party. According to customary international law, countries have the right to regulate the admission of foreign investors and their investments in their territories. Most countries refrain from granting foreign nationals and companies an unrestricted right to invest in their economies (UNCTAD 1999b). Access limitations imposed on foreign investment have been justified on economic, social, political or national security grounds.

In this regard, there has been a shift in the prevailing trend between the BITs of the last decade and those concluded until the mid-1990s. In the earlier period, most BITs used to establish fixed terms for renewal of the agreements, most commonly 10 years. During the review period, however, the prevailing trend has been to allow the agreements to remain in force indefinitely. Regardless of whether BITs follow the fixed-term or indefinite approach to delimit the duration of the treaty, a significant number of agreements provide that investments covered under the BIT shall continue to be protected for a specific time even after the treaty has been terminated.

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