The Strange Case of Denial of Benefits Clauses: The Italian and Colombian Model BITs
First appearing in the 1970s, denial of benefits (DoB) clauses have proliferated, became more sophisticated, and evolved significantly and even beyond recognition as in the 2017 Colombian Model BIT. This post discusses such evolution and provides a taxonomy of the different versions of the clause. Denial of Benefits Clauses in Outline Traditionally, DoB clauses…