…three options are incorporated in virtually all U.S. BITs or investment chapters.) Moreover, the current list of over 2,600 BITs continues to expand. (ICSID Database of Bilateral Investment Treaties, https://icsid.worldbank.org/ICSID/FrontServlet)….
…having signed seventy-nine, Morocco seventy-three, Oman seventy-one, Lebanon forty-nine, Jordan thirty-five, etc. These BITs are unusually significant in that they depoliticize disputes by guaranteeing foreign investors the right to pursue…
…to existing BITs now that the competence to such treaties has – at least in part – been elevated to the EU level? Concededly, until the EU signs treaties of…
I recently gave a talk at a Sydney Law School conference about the unexplored relationship between bilateral investment treaties and freedom of expression. In a longer paper on BITs and…
…(BITs). As explained below, however, they may prove less effective in securing the readjustment of substantive disciplines established by investment chapters housed in free trade agreements. Consequently, one must also…
…standards under the China/Peru BIT (the BIT). Like other early Chinese BITs, the BIT’s investor-state arbitration provision limited tribunal jurisdiction to disputes “involving the amount of compensation for expropriation”. Art….
…means of neutralizing the calls of developing states for a “New International Economic Order,” bilateral investment treaties (BITs) and other international investment agreements (IIAs) serve two principal functions. First, they…
…these BITs represent the “new” customary international law in this field. It has been recently argued that the content of both custom and BITs is now simply just the same….
…BITs (representing 26% of the total number of BITs in 2008 according to UNCTAD, Recent Developments in International Investment Agreements (2007-June 2008) is therefore not significantly different from those other…
…treaties and their other international law obligations, and the relationship of EU Member States’ obligations under BITs and their obligations under the EC Treaty. (The latter issue has, of course,…
…and the Czech Republic, the new EU members laboured for half a decade to revise their existing treaties with Canada, so as to accommodate certain concerns of the European Commission,…
…The Future of BITs Susan Rose-Ackerman and Jennifer Tobin address the inconsistencies arising from empirical studies of the correlation between BITs and foreign investment and propose that further empirical research…
…whom I’ve written on this topic) is that such organizations would have little difficulty qualifying as investors under most BITs – and that at least some forms of not-for-profit activities…
…note of bilateral investment treaties (BITs), have tended to criticize such agreements for their lack of balance and transparency. However, without discounting the importance of some of these criticisms, it…
…settlement mechanism (arbitration) denied to other EU counterparts. Certainly, these intra-EU treaties are giving rise to an unclear – but sizable – number of intra-EU investor state arbitrations in recent…
