What is BILATERAL INVESTMENT TREATY? What does BILATERAL INVESTMENT TREATY mean? BILATERAL INVESTMENT TREATY meaning - BILATERAL INVESTMENT TREATY definition - BILATERAL INVESTMENT TREATY explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. A bilateral investment treaty (BIT) is an agreement establishing the terms and conditions for private investment by nationals and companies of one state in another state. This type of investment is called foreign direct investment (FDI). BITs are established through trade pacts. A nineteenth-century forerunner of the BIT is the friendship, commerce, and navigation treaty (FCN). Most BITs grant investments made by an investor of one Contracting State in the territory of the other a number of guarantees, which typically include fair and equitable treatment, protection from expropriation, free transfer of means and full protection and security. The distinctive feature of many BITs is that they allow for an alternative dispute resolution mechanism, whereby an investor whose rights under the BIT have been violated could have recourse to international arbitration, often under the auspices of the ICSID (International Center for the Settlement of Investment Disputes), rather than suing the host State in its own courts. This process is called investor-state dispute settlement. The world's first BIT was signed on November 25, 1959 between Pakistan and Germany. There are currently more than 2500 BITs in force, involving most countries in the world. Influential capital exporting states usually negotiate BITs on the basis of their own "model" texts (such as the Indian or U.S. model BIT). NGOs have spoken against the use of BITs, stating that they are mostly designed to protect the foreign investors and do not take into account obligations and standards to protect the environment, labour rights, social provisions or natural resources. Moreover, when such clauses are agreed upon the formulation is legally very open-ended and unpredictable.
Views: 1914 The Audiopedia
Bilateral Investment Treaty of Indian Economy for CIVIL SERVICES EXAMINATION explained in the simplest way. NEO IAS e-learning classes is an online program whose aim is to create CIVIL SERVANTS for the development of the nation by providing the video series of complete topics that are relevant for the CIVIL SERVICES (IAS/IPS) Exam.
Views: 5167 NEO IAS
The Bilateral Investment Treaty is represented as ensuring greater security for corporations - a way for them to guard against nationalization and other unpredictable legal changes. It would allow them to sue for compensation in an independent court of arbitration rather than through the potentially biased justice system of the country involved. Read more: http://www.dw.de/program/made-in-germany/s-3066-9798
Views: 1895 DW News
In this video, Hussein Haeri a partner at Withers, discusses the options available to protect your international investments. Until relatively recently, the means for you to protect your investments from political risk of state interference were very limited. But there is now another means of political risk protection which will be far more effective in many cases, which are investment treaties. These treaties give foreign investors rights of protection from the states in which they invest and in this video, Hussein discusses the merits and whether investment treaty protection is right for you. If you'd like further information on how we can advise on investment treaty protection, please get in touch by emailing [email protected] or alternatively, please visit: http://www.withersworldwide.com/practice-areas/investment-treaty-arbitration--3
Views: 676 Withersworldwide
Investor-State dispute settlement (ISDS) plays a controversial role when it comes to the protection of rights. Questions have been raised about the ability of ISDS to safeguard individual interests, particularly human rights. The effect of ISDS on sustainable development, including the protection of collective rights (such as environmental and labor standards, and consumer protection), has also come to the fore as a crucial sticking point in the negotiations over the Transatlantic Trade and Investment Partnership (TTIP). This panel will look at both sides of the debate over the use of ISDS mechanisms, grappling with some of the difficult questions that the growth of ISDS poses.
Views: 726 asil1906
Professor Lau outlines the benefits of a Bilateral Investment Treaty that includes a “mutual protection of investment” and “negative list.” Visit our website: https://www.chinausfocus.com/ Facebook: https://www.facebook.com/ChinaUSFocus/ Twitter: https://twitter.com/ChinaUSFocus
Views: 1794 China-US Focus
Is a Bilateral Investment Treaty between the European Union and the United States absolutely necessary? Olaf Böhnke of the European Council on Foreign Relations talks about the potential consequences and the potential for exaggerated fears. Read more: http://www.dw.de/program/made-in-germany/s-3066-9798
Views: 205 DW News
Keynote address from the "Reforming International Investment Law: Opportunities, Challenges, Paradigms" conference at Boston College Law School. Speakers Chair: Prof. Sebastian Lopez Escarcena, Pontifical Catholic University of Chile Keynote Speaker: Eric de Brabandere, "Recalibrating international investment law - The Communicating Vessels of Investment Protection and Investor Obligations"
Views: 623 BC Law
This lecture is by Yannick Radi, an Assistant Professor of International Law and a fellow at the Grotius Centre for International Legal Studies and Leiden Law School. Do you want to learn more and practice with the content? You’ll find this online university course for free at coursera.org This video by Leiden University is licensed under a Creative Commons Attribution-NonCommerical-ShareAlike 3.0 Netherlands License (see http://creativecommons.org/licenses/by-nc-sa/3.0/nl/deed.en_US). Contact: [email protected]
Views: 2249 Centre for Innovation - Leiden University
In this instalment, Director Jackwell Feris discusses the concept of "qualifying investor" for purpose of deriving protection for an investment made by a national of one contracting state in the territory of another contracting state to an investment treaty or under certain instances the foreign investment laws of a host state.
Views: 10 Cliffe Dekker Hofmeyr
If Stephen Harper gets his way with FIPA the Canada-China Foreign Investment Protection Agreement, it would pave the way for foreign investors to sue the Canadian government if it puts in regulations that may interfere with their profits! Sign the petition and spread the word! Chinese companies can sue BC for changing course on Northern Gateway, says policy expert: http://www.vancouverobserver.com/sustainability/chinese-companies-can-sue-bc-changing-course-northern-gateway-says-policy-expert?reddit=true Sign the petition: http://leadnow.ca/canada-not-for-sale Watch "United We Fall": http://www.youtube.com/watch?v=pQsyCLXYsd8 Get updates like this everyday and support independent media by joining Press For Truth TV: http://pressfortruth.tv/register/ We rely on you the viewer to help us continue to do this work. With your help I can continue to make videos and documentary films for youtube in an effort to raise awareness all over the world. Please support independent media by joining Press For Truth TV! As a Press For Truth TV subscriber you'll have full access to the site's features and content including Daily Video Blogs on current news from the PFT perspective and High Quality Downloads of all Press For Truth Films, Music and Special Reports! Subscribe to Press For Truth TV: http://pressfortruth.tv/register/ For more information visit: http://pressfortruth.tv/ You can also support Press For Truth and help us continue to do this work by donating or becoming a sponsor at pressfortruth.ca http://www.pressfortruth.ca/donatebecome-a-sponsor/ http://www.facebook.com/PressForTruth http://www.youtube.com/weavingspider http://twitter.com/#!/DanDicksPFT http://pressfortruth.ca/
Views: 4110 Press For Truth
International law of foreign investment protection, expressed in international treaties and customary law obligations and largely implemented through investor-State arbitration, disciplines and structures the manner in which States treat foreign investments and investor. This module deals with all the relevant aspects of the discipline, including its scope, content of the substantive obligations and exceptions, procedure of investor-State dispute settlement, and conceptual questions raised by the relationship between investment law and other regimes and values in international law. Find out more about this module at: http://www.laws.ucl.ac.uk/study/graduate/llm-programme/llm-taught-modules/lawsg088/
Views: 640 UCL LAWS
Speakers: Alvaro Galindo, Margrethe Norum, Adam Sheppard, Randall Williams Chairs: Dr Jansen Calamita, Dr Jan Kleinheisterkamp This event was recorded on 23 May 2011 in New Theatre, East Building Australia recently announced to discontinue investor-state-arbitration provisions in trade agreements; Ecuador abandons its BITS and left ICSID; South Africa seeks to renegotiate its BITs; the Norwegian and U.S. BIT review have stirred much controversy. This colloquium addresses these national experiences and their significance for future developments of investment treaty law.
International trade law and international investment law are largely contained in separate but overlapping legal regimes, but both share the general objectives of providing security and predictability to economic agents and increasing world prosperity by reducing barriers to international flows of goods, services, and investment. This panel will consider whether the international trade and investment law dichotomy appears increasingly anachronistic, or whether each regime is maturing according to complementary principles. Is there a need for greater coherence?
Views: 8282 asil1906
Once a party demonstrates that it is a qualifying investor, under an investment treaty or the foreign investment laws of a host state, the assessment turns to whether the party has a so-called "qualifying investment" in the host state. In this instalment, Jackwell Feris highlights that without an investment being deemed as a "qualifying investment" in a host state, a qualifying investor will not derive any protection for such investment under an investment treaty or under certain instances the foreign investment laws of the host state.
Views: 11 Cliffe Dekker Hofmeyr
BOOK REVIEW THE LAW OF INVESTMENT TREATIES Second Edition By Jeswald W Salacuse OXFORD UNIVERSITY PRESS The Oxford International Law library ISBN: 978 0 19870 397 6 www.oup.com FOR INTERNATIONAL LAWYERS SPECIALISING IN A NEW BRANCH OF INTERNATIONAL LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Now here’s a relatively new and fast expanding area of the law – and here’s a book that will be of special interest to international lawyers, particularly those who deal with investment treaties, or are contemplating doing so. As a result of the relatively recent increase in such treaties and arbitral decisions, ‘the law of investment treaties’ has come to be recognized as a new branch of international law: The author, Jeswald A. Salacuse, Professor of Law at Tufts University in Massachusetts – and Diplomacy at Tufts University -- mentions that approximately 3,300 investment treaties have been created since the end of World War II, with new agreements emerging almost monthly from diplomatic negotiations -- clearly a phenomenon resulting from increasing globalization and the consequent globalization of business. Published by the Oxford University Press as part of the Oxford International Law Library, the new second edition of this highly regarded work examines every conceivable aspect of investment treaties. Fundamentally, however, the investment treaty does two things. First, it grants special protective rights to foreign investors. Secondly, it allows investors to enforce those rights, usually by international arbitration. The main motivation behind the investment treaty is that investors and their home countries wish to protect themselves from political risk. The author also makes the point that the applicable investment law is founded on treaties. This means that the distinct features of the investment treaty differentiate it from ‘the customary international law of investment.’ Investment treaties have been transformative in that, as is discussed in this book, they have emerged as the fundamental tool by which two countries will create a treaty which sets down rules governing investments by their respective nationals in each other’s countries. NAFTA, the North American Free Trade Agreement is an example. In the words of the author, the book aims to ‘examine investment treaties of all varieties in a comprehensive and integrated fashion.’ It therefore embarks on a close examination and analysis of the law of international investment treaties, specifically in relation to their origins, structure, content, and effect, as well as their impact on international investors and investments, and on governments that are parties to them. The numerous topics examined range from general standards of treatment of foreign investments, to monetary transfers; protection against expropriation; dispossession and compensation for losses; the various forms of dispute settlement -- and of course, much more, including a new chapter on the consequences of treaty violations and the determination of damages in investor-state disputes. With its extensive footnoting, detailed table of contents, index, tables of cases and conventions, treaties and agreements, this book excels as a valuable source of reference for researchers, academics, government officials, arbitrators and diplomats, as well as international lawyers. In fact, anyone even remotely involved in this area of law should acquire a copy. The publication date is cited as at 2015.
Views: 495 Phillip Taylor
The European Parliament votes on the trade and investment protection agreements between the EU and Singapore before they can enter into force. Ska Keller MEP, Co-Chair of the European Parliament’s Green group, is calling for a delay to consent. On the ISDS (Investor Dispute Settlement) the special dispute system for investments and the right for investors to sue EU governments if they make a decision that goes against their interests. Keller is concerned about a decision a state might take to re-nationalise a public service. Keller argues that this should be delayed until the multi-lateral dispute system is established. Keller raised concerns about workers’ rights and civil liberties. Keller noted that Singapore had failed to sign two ILO conventions, including one on the freedom of association and the protection of the right to organize.
Views: 30 Eu Reporter
What do we mean by Investment Protection? In this insert, Director Jackwell Feris discusses what is broadly meant by investment protection for investors through bilateral investment treaties, multilateral investment treaties, domestic legislation.
Views: 44 Cliffe Dekker Hofmeyr
Protecting investments in high growth African markets where the legal infrastructure is sometimes deficient, the political backdrop challenging, and diplomatic protection patchy, is of increasing concern to investors, developers and contractors. What should be the nature of the “international wrapper” protecting investments? How will the re-emergence of geopolitics impact foreign investment on the continent? Do corporations need to adopt their own “foreign policy”? How and when should investors use investment treaties to protect their investments? Is the make-up of the shareholder base protection against arbitrary exercise of government power? Does one reduce commercial risk by good partnering? As African nations wield more influence in global markets, what are the implications for domestic industry and global supply chains? These were the questions that were explored at this event on foreign direct investment in Africa. Panel: - Tom Wilson, Director Intelligence & Analysis at africapractice. - Francis Ugboma Senior Manager of LNG & Business Development at Gasol Plc; - Lord David Triesman Shadow Spokesperson for Foreign & Commonwealth Affairs in the UK Parliament and a Director of Salamanca Group; - Richard Morgan International Government Relations Advisor at Anglo American; and - Virginie Colaiuta Partner at Pinsent Masons
Views: 258 The Africa Sessions
Event hosted by the Ecuador Embassy in United States and the Vale Center Institute of Columbia to discuss the role of FDI in development, industrial policies and how to transform bilateral treaties to protect investors, human rights and environment
Views: 244 Nathalie Cely
Sign the petition: http://leadnow.ca/canada-not-for-sale Elizabeth May: Mr. Speaker, I rise today to request an emergency debate on an issue of great importance to the future of Canada. During the Prime Minister's visit to China in February 2012, we learned of the existence of the Agreement between the Government of Canada and the Government of the People's Republic of China for the Promotion and Reciprocal Protection of Investments, an agreement with far-reaching implications for Canada's sovereignty, security and democracy. This agreement that we first learned of in February was then signed by the Prime Minister in Vladivostok at the APEC summit on September 9 but tabled before the House on September 26, the first time any parliamentarians had the chance to see the text. A 21-day clock is running on sitting days, which means we are now down to 18 sitting days before, as a matter of automatic decision-making within the Governor in Council, an agreement with far-reaching implications for the sovereignty of the country will become law. It is a treaty with the effect of legal force for a minimum of 15 years. If any future government wishes to get out of the onerous terms of this agreement with China, it would take a written notice of one year. It is not reciprocal but lopsided in the interests of Chinese rights to overturn and challenge Canadian laws and to seek damages from us. If any future government serves a one-year notice to get out of the agreement, any existing Chinese investments at the point of that notice would be further protected for another 15 years. The agreement is sweeping. I know that with 18 days remaining one might say where is the urgency. The urgency is that the governing party plans no debate in the House. There will be no vote in the House. I note that the official opposition has an opposition day motion tomorrow touching on one specific deal, the proposed takeover of Nexen by CNOOC, but that will not touch at all, in pith nor in substance, the far-reaching implications of a mandate for the Government of Canada to encourage Chinese investments in Canada. It is a mandate for the Canadian government to give national state-owned enterprises of Communist China equal treatment to any Canadian enterprises, but to give Chinese state-owned enterprises superior rights to any Canadian corporation in the case of any laws passed in our country and to have arbitration over claims for damages that will remain secret. The Canadian public will not know of them. I am shaken to my core by the depth and breadth of this motion that will not come before this House but merely before cabinet, and bind Canadians, municipal governments, provincial governments and federal governments for 15 years, Mr. Speaker, I beg of you to allow an emergency debate in the House. The Speaker: I thank the hon. member for raising this issue. I appreciate the importance she attaches to the issue, but I do not find that it meets the test set out for emergency debates. Chinese companies can Now sue BC for changing course on Northern Gateway: http://www.vancouverobserver.com/sustainability/chinese-companies-can-sue-bc-changing-course-northern-gateway-says-policy-expert?reddit=true
Views: 430 TinFoilAddict
Introducing our newest trade treaty you've never heard of. Ensuring Canadian laws in no way hinder China's state-owned energy companies over the next 31 years. You'll be your parents' age by the time it expires! Read a trade law expert's horrified letter to Stephen Harper here: http://thetyee.ca/Opinion/2012/10/16/China-Investment-Treaty/ We have only a few days left to stop this: http://www.leadnow.ca/canada-not-for-sale?t=yt Video by Caitlin Dodd, Heather Libby and Kai Nagata. Starring Dylan Burns and Kaylah Zander. Music by Kevin McLeod and used under a Creative Commons license. For more, check out http://www.deeprogueram.tumblr.com
Views: 27094 Deep Rogue Ram
In this instalment, Director Jackwell Feris discusses the fair and equitable treatment guarantee under international investment treaties.
Views: 93 Cliffe Dekker Hofmeyr
Taylor St John, University of Oxford, discusses why investment treaties and investor-state arbitration were originally separate and why they may be separate again in future agreements, like TTIP.
Views: 736 New Thinking on Investment Treaties
Lauge N. Skovgaard Poulsen, PhD, discusses findings from his new book, Bounded Rationality and Economic Diplomacy: The Politics of Investment Treaties in Developing Countries, examining why developing countries have signed investment treaties.
Views: 688 New Thinking on Investment Treaties
Listen to Ms. Tuerk talk about trends in the International Investment Agreement (IIA) universe and options for reform. This video was recorded for CCSI's 3rd Annual Executive Training Program on Investment Treaties and Arbitration for Government Official, 2017.
Views: 238 UNCTAD Investment
Video Software we use: https://amzn.to/2KpdCQF Ad-free videos. You can support us by purchasing something through our Amazon-Url, thanks :) A bilateral investment treaty is an agreement establishing the terms and conditions for private investment by nationals and companies of one state in another state.This type of investment is called foreign direct investment .BITs are established through trade pacts.A nineteenth-century forerunner of the BIT is the friendship, commerce, and navigation treaty . ---Image-Copyright-and-Permission--- About the author(s): Alinor (talk) License: Creative Commons Attribution-Share Alike 3.0 (CC BY-SA 3.0) Author(s): Alinor talk ---Image-Copyright-and-Permission--- This channel is dedicated to make Wikipedia, one of the biggest knowledge databases in the world available to people with limited vision. Article available under a Creative Commons license Image source in video
Views: 612 WikiWikiup
EU-Investment Protection Policy - The Way Forward [EVENT PHOTO ALBUM] http://bit.ly/Pnz9eY FULL Video of the ALDE ADLE SEMINAR "EU-Investment Protection Policy - The Way Forward" The future of EU investment protection is currently one of the most contentious horizontal issues in the EU's international trade policy. Since the entry into force of the Lisbon Treaty in December 2009, the exclusive competence on foreign direct investment has shifted from Member States to the European level, and a range of proposals have already been discussed in the Council and the European Parliament. Right now, a number of dossiers on investment policy are high on the agenda: Negotiations on investment protection within FTA negotiations with Singapore, India and Canada, a possible start of negotiations over an investment agreement between the EU and China and a new proposal for a regulation on investor to state dispute settlement, which is currently being debated in the European Parliament. This seminar will be an excellent opportunity to discuss the range of policy implications in this new era of EU-investment policy. Is the EU ready to assume its new role in investment policy? What sort of agreements should be concluded; by who and with whom? What will be the future role of Member States; and how do businesses and third countries see the shift in competence towards the EU in this policy area? What role will investor-state dispute settlement mechanisms and sustainability criteria play in future investment agreements? These are some of the questions this seminar will aim to address in two separate panels with MEPs, Commissioner Karel De Gucht and representatives from Member States, academia, international organisations, civil society organisations and business. MEPs in this event Silvana KOCH-MEHRIN Freie Demokratische Partei Metin KAZAK Movement for Rights and Freedoms [ALDEADLE-EVENT] [FULL-EVENT] [FULL-VIDEO] [EVENT] [SEMINAR] [Language EN] 121114-ALDEADLE-EVENT-FULL-VIDEO-SEMINAR-EU-Investment_Protection_Policy
Views: 543 ALDE ADLE
Robert Kirkness, senior associate at Freshfields speak to us about Costs and Damages in Investment Treaty Arbitration in the Asia Pacific Region.
Views: 218 Conventus Law
Elizabeth May: Mr. Speaker, I am really relieved that the Prime Minister has not yet ratified the Canada-China investment treaty. There is new information that I think is really important for Conservative members of Parliament to consider. A new European report blows a hole through the idea that the arbitration is impartial and unbiased. In fact, there is an elite group of international lawyers, who are making millions out of being global ambulance chasers. They seek the cases, talk governments into entering into FIPAs and reap the rewards of $1,000 an hour as they serve on these cases. I urge members to look at the inherent unfairness of arbitration. Hon. Tony Clement: Mr. Speaker, I thank hon. leader of the Green Party for her intervention and question on this issue, but I would remind her that, as we know in this place, in fact, this whole treaty is about protecting Canadians who are investing in China, to give them the same rights and protections that Chinese investors and other foreign national investors already have under Canadian law here in Canada. I cannot imagine the hon. leader of the Green Party would not want that to happen. http://elizabethmaymp.ca/parliament/questions/2012/11/30/question-period-canada-china-investment-treaty/
Views: 3066 Green Party of Canada
Elizabeth May: Mr. Speaker, back in 2010, the Prime Minister said this: In future should provincial actions cause significant legal obligations for Canada, the Government of Canada will create a mechanism so that it can reclaim moneys lost through international trade processes. Now that Canada is opening up a whole new area of potential claims against Canada from the Canada-China investment treaty, I would like to be updated on what the Prime Minister plans to do to claim millions back lost in arbitrations with China? Hon. Peter Van Loan: Mr. Speaker, I thank the leader of the Green Party for her question on this issue. It is good to see recognition that the opportunity of this agreement is to protect Canadian investors. For many years, the Liberal Party members who interestingly were asking questions about this after not having done anything to protect investors and businesses in China for some 13 years, we now have in contrast to their record an agreement in place that will protect Canadian investors, will protect their efforts to do business in China to create success, economic growth, prosperity and jobs back here at home. Elizabeth May: Mr. Speaker, I am afraid the hon. House leader missed the point of my question. I accept that Canadian businesses operating in China are largely better off, but the public interest in Canada, indeed decisions at the municipal level, provincial level and federal level can be challenged by China if China finds them arbitrary. That is why the city of Port Alberni today wrote the Prime Minister to ask if the agreement could be stopped and the Prime Minister plans to go after the provinces to claw back millions that should never be open to claims by state-owned enterprises of China. Hon. Peter Van Loan: Mr. Speaker, the leader of the Green Party in quoting the Prime Minister is referring to comments that arise out of World Trade Organization matters, not out of this foreign investment protection agreement. But Chinese investors in Canada for years have been able to rely on the Canadian rule of law. Now, finally, Canadians will be able to rely on this agreement to protect their investments and that is the reason why we moved forward with this to protect Canadians and their investments. The Acting Speaker: That concludes question period for today. The hon. member for Saanich—Gulf Islands is rising on a point of order. Elizabeth May: Mr. Speaker, the hon. House leader misspoke. I think the record should be corrected. The matter on which the Prime Minister spoke was a chapter 11 of NAFTA suit, nothing whatsoever to do with the World Trade Organization, exactly like this agreement.
Views: 997 Green Party of Canada
BOOK RELEASE - "THE UK AFTER BREXIT": This collection of essays, edited by Professor Michael Dougan, details the law and policy challenges following from the UK's withdrawal from the European Union Details: http://intersentia.com/en/the-uk-after-brexit.html
Views: 862 EU Law At Liverpool
Doug Jones, head of the International Arbitration group at Clayton Utz, discusses the emerging field of foreign investment protection and the key issues and pointers that all organisations should be aware of when they are structuring their overseas investments.
Views: 898 Clayton Utz
Hupacasath First Nation Legal Challenge argues that the deal was unconstitutional but the judge failed to consider the impact on the whole Nation, ruling in favor of the government
Views: 3098 The Real News Network
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Views: 87 CCTV English
July 2 (Bloomberg) -- Colombia's Trade Minister Luis Guillermo Plata talks with Bloomberg's Susan Li from Tokyo about negotiations with Japan for a bilateral investment treaty. The pact with Japan may be signed "in the next couple of weeks" and he will visit South Korea to sign another treaty, Plata said. Plata, who stands down Aug. 7 when President Alvaro Uribe leaves office, said April 6 that Colombia will attract $10 billion in foreign direct investment this year, up from $7.5 billion last year, as companies seek to tap into its recovery from a recession last year. (Source: Bloomberg)
Views: 134 Bloomberg
BOOK REVIEW BILATERAL INVESTMENT TREATY CLAIMS The Essentials By Khawar Qureshi QC ISBN: 978 0 85490 194 4 WILDY, SIMMONDS & HILL PUBLISHING Wildy’s Legal Handbook Series www.wildy.com A PRACTICAL SHORT STATEMENT ON THE ESSENTIALS OF BILATERAL INVESTMENT TREATY (BIT) CLAIMS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The author, Khawar Qureshi QC, begins this excellent short work with the following statement: “there has been a huge increase in Investment Treaty based arbitration claims against States in recent years”. To fill the gap, Qureshi has written this title in the Wildy’s Legal Handbook series. BIT disputes are continuing to expand rapidly as a high-profile area of international litigation so the appearance of the handbook now is most welcome. “Bilateral Investment Treaty Claims” is specifically for practitioners and State legal advisers who need to identify and understand the key elements which underpin BIT based claims by reference to the leading arbitral decisions from ICSID and UNCITRAL Investment Treaty Tribunals. Christoph Schreuer and Rudolf Dolzer, writing in the Foreword say that their significance is usually discussed in terms of the impact on investment streams and thus economic development. They go on to say that “a frequently overlooked aspect of BITs is their effect on international relations”. It is therefore to the international aspect that this book dwells. Diplomatic protection “by the investor’s State of nationality” (a convenient way of dealing with a jurisdiction issue) has been exercised because of often “ill-defined principles” and was therefore a frequent source of irritation and discord. However, with the creation of legal rules in a hitherto largely unregulated area, BITs have “depoliticized disputes and brought a measure of legal security”. Schreuer and Dolzer conclude that “in the presence of objective treaty standards supported by an effective investor-State dispute settlement mechanism, the host state and the investor’s home State are less likely to be drawn into investment disputes.” They also comment that the handbook is a “most useful manual for practitioners and students alike. It offers a practice-oriented review of the most important features of BITs and their application by tribunals”. Hopefully, many readers will be familiar with BITs so the initial four chapters of the work give a useful background to BITs and their key features plus a checklist for practitioners contemplating or involved in a claim under a BIT. The penultimate chapter describes additional considerations, citing leading case law dealing with the scope for preliminary measures in BIT cases, abuse of process and illegality and there are two excellent and detailed annexes. The author has generously donated all royalties to the Bar Benevolent Fund. It is a most useful new manual from Wildy for both students and practitioners alike. What we particularly liked was the “practice-orientated overview” of the most important features of BITs and their application by tribunals to give us a refreshing insight into this developing area of international law. The current law is as stated at January 2016
Views: 59 Phillip Taylor
The Peterson Institute for International Economics (PIIE) and the China Development Research Foundation (CDRF) held a conference to discuss the results of their parallel research projects "Toward a US-China Bilateral Investment Treaty" (BIT) on February 10, 2015, at PIIE. Jeffrey J. Schott, PIIE, chaired panel II, "Services, Manufacturing, and the Impact of BITs." The panelists were: HAN Bing, Chinese Academy of Social Sciences; J. Bradford Jensen, PIIE and Georgetown University; and ZHANG Fan, Peking University. For more information, visit: http://www.piie.com/events/event_detail.cfm?EventID=372
Views: 171 PetersonInstitute
http://www.ukipmeps.org • European Parliament, Strasbourg, 9 May 2011 • Speaker: William Dartmouth MEP, UKIP (South West), Europe of Freedom and Democracy group (EFD) • Debate: ***I (13/04) SCHLYTER INTA - Transitional arrangements for bilateral investment agreements between Member States and third countries ...................... • Video: EbS (European Parliament) .................................. EU Member States: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, United Kingdom
Views: 444 UKIP MEPs
To watch the full lecture, please go to http://legal.un.org/avl/ls/De-Brabandere_IEL.html Mr. Eric De Brabandere, Associate Professor of Public International Law, Leiden University
Views: 322 UN Audiovisual Library
EU-Investment Protection Policy - The Way Forward [EVENT PHOTO ALBUM] http://bit.ly/Pnz9eY Video Summary of the ALDE ADLE SEMINAR "EU-Investment Protection Policy - The Way Forward" The future of EU investment protection is currently one of the most contentious horizontal issues in the EU's international trade policy. Since the entry into force of the Lisbon Treaty in December 2009, the exclusive competence on foreign direct investment has shifted from Member States to the European level, and a range of proposals have already been discussed in the Council and the European Parliament. Right now, a number of dossiers on investment policy are high on the agenda: Negotiations on investment protection within FTA negotiations with Singapore, India and Canada, a possible start of negotiations over an investment agreement between the EU and China and a new proposal for a regulation on investor to state dispute settlement, which is currently being debated in the European Parliament. This seminar will be an excellent opportunity to discuss the range of policy implications in this new era of EU-investment policy. Is the EU ready to assume its new role in investment policy? What sort of agreements should be concluded; by who and with whom? What will be the future role of Member States; and how do businesses and third countries see the shift in competence towards the EU in this policy area? What role will investor-state dispute settlement mechanisms and sustainability criteria play in future investment agreements? These are some of the questions this seminar will aim to address in two separate panels with MEPs, Commissioner Karel De Gucht and representatives from Member States, academia, international organisations, civil society organisations and business. MEPs in this event Silvana KOCH-MEHRIN Freie Demokratische Partei Metin KAZAK Movement for Rights and Freedoms [ALDEADLE-EVENT] [EVENT-SUMMARY] [VIDEO-SUMMARY] [EVENT] [SEMINAR] [Language EN] 121114-ALDEADLE-EVENT-VIDEO-SUMMARY-SEMINAR-EU-Investment_Protection_Policy.mp4
Views: 176 ALDE ADLE
Reaction has been streaming to the Protection of Investment Bill, which was approved by Parliament's Trade and Industry committee this week. Its step closer to becoming law. The bill is intended to replace bilateral investment treaties with mostly European countries that are expiring and won't be renewed. The government says the bill will ensure foreign and local investors are treated the same way. But those opposed to it say it could deter investment in South Africa's struggling economy. For more News visit: http://www.sabc.co.za/news Follow us on Twitter: https://twitter.com/SABCNewsOnline?lang=en Like us on Facebook: https://www.facebook.com/SABCNewsOnline
Views: 211 SABC Digital News
The Agreement is predicted to boost EU investor confidence in Myanmar, which is important considering the UK is the fourth-largest source of approved investment into Myanmar since 1988, with a total of $3.4 billion, or 7% of the total, according to DICA figures. The next two largest investors are the Netherlands in eighth spot with $747 million, and France in eleventh with $537 million.
Views: 141 Conventus Law
"Conceptual Transparency in the International Law of Investment Protection"
Views: 334 Pedro J. Martinez-Fraga
Investments are crucial in increasing the productive potential of a country and directly contribute to economic growth and development. Such benefits include more employment opportunities, increased incomes to the citizenry, improved welfare and standards of living. However, these benefits are not automatic; they require an effective policy mechanism to facilitate a pro-development investment regime at national, regional and global levels. A number of trade and investment related negotiations are being conducted world over to attract investments. The World Investment Report 2013 by UNCTAD however recommends that any investment agreement a country is entering be examined based on how it balances state commitments with investor obligations and promote responsible investments; ensure an appropriate balance between protection commitments and regulatory space for development and shield host countries from unjustified liabilities and high procedural costs. The session will therefore discuss what could be the right investment regime for transforming the economies of LDCs. The objectives of the session are; I. To examine the global dynamics of investment policies and treaties and their implications on development. II. To discuss the new progressive investment models, and draw lessons for LDCs. III. To consider regionalism as a mechanism for harmonising investment policies at national levels. For more information: http://tds.ictsd.org/content/promoting-pro-development-investment-agreements-and-policies
Views: 46 ICTSD