scholarly journals The Application of the Most-Favoured-Nation Clause to the Dispute Settlement Provisions of Bilateral Investment Treaties: Domesticating the 'Trojan Horse'

2007 ◽  
Vol 18 (4) ◽  
pp. 757-774 ◽  
Author(s):  
Y. Radi
Keyword(s):  
Dispute Settlement ◽  
Trojan Horse ◽  
Bilateral Investment Treaties ◽  
Investment Treaties

11 “The Premier International Investment Arbitration Facility in the World”

2017 ◽  
Author(s):  
Parra Antonio R
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
International Investment ◽  
Bilateral Investment Treaties ◽  
Investment Arbitration ◽  
The World ◽  
Energy Charter Treaty ◽  
Investment Law ◽  
New Challenges ◽  
Investment Treaties

This chapter examines activities of the Centre from the start of 2011 to the end of June 2015. Almost 50 percent more cases were registered at ICSID in that period compared to the previous five years. The chapter provides some statistics on the cases of this period. As in the decade before, it shows, most the cases were brought to ICSID on the basis of the dispute settlement provisions of investment treaties, mostly bilateral investment treaties (BITs) (in over 60 percent of the cases). A large proportion of the cases (more than ten percent) came to ICSID under the Energy Charter Treaty (ECT). Cases submitted to the Centre pursuant to the dispute resolution clauses of investment contracts made up for a smaller share of the total. A handful (5 percent) of the cases were initiated under dispute settlement provisions of an investment law of the host State. The chapter then looks at institutional developments of ICSID during the period and considers new challenges that ICSID might meet in the future.

“If stars are lit, it means — there is someone who needs it”: a new human rights protecting function of bilateral investment treaties

2021 ◽  
Vol 11 (2) ◽  
pp. 151-174
Author(s):  
Vera Rusinova ◽  
Matvey Tarasov
Keyword(s):  
Human Rights ◽  
Dispute Settlement ◽  
International Human Rights Law ◽  
Bilateral Investment Treaties ◽  
Legal Analysis ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
Investment Treaties ◽  
Human Rights Norms ◽  
Human Rights Standards

A new trend in both making and interpreting bilateral investment treaties (BITs) consists in a shift towards the protection of human rights of the host-State population. The authors resort to legal analysis to answer three questions related to this trend. First, how treaties, which are inherently programmed for the protection of investors from host-States, can be used to prevent investors from breaching human rights? Second, are BITs capable to effectively carry out this function? Third, who is the actual beneficiary of the values’ change in BITs? The article identifies three ways how human rights standards are included or respected throughout the BITs’ drating and application processes. First, human rights norms can be explicitly mentioned in a BIT. Second, an investment tribunal can directly apply international human rights law during dispute settlement. Third, human rights norms can impact the interpretation of a BIT, or, vice versa, the BIT provisions can be taken into account when international judicial or quasi-judicial human rights bodies interpret human rights’ conventions. Resorting to one or several of these ways leads to various results of the combination of BITs with human rights standards, that differ by a duty-bearer (a State or an investor) and by the legal mechanism of human rights protection. The authors distinguish four such models. The model analysis reveals restrictions and distortions pertinent to the new way of using BITs. Also, it allows evaluating trends from points of view of different stakeholders — home-States, host-States, and the population of the latter.

Part I Overview, 2 The Basic Features of Investment Treaties

2017 ◽  
Author(s):  
McLachlan Campbell ◽  
Shore Laurence ◽  
Weiniger Matthew
Keyword(s):  
Dispute Settlement ◽  
Bilateral Investment Treaties ◽  
Energy Charter Treaty ◽  
Investment Agreement ◽  
The Common ◽  
Investment Treaties ◽  
Partnership Agreement ◽  
Basic Features

Chapter 2 introduces the reader to the basic features of investment treaties, with particular emphasis on two types of treaties under which investment arbitrations have arisen: bilateral investment treaties (BITs) and multilateral investment treaties. It first discusses the structure of BITs, focusing on provisions in such areas as substantive rights, compensation for losses (war clause), free transfer of payments, dispute settlement, and subrogation. It then examines the common provisions of four major multilateral investment treaties, namely: NAFTA; the Energy Charter Treaty; the ASEAN Comprehensive Investment Agreement and the newly-concluded Trans-Pacific Partnership Agreement (not yet in force).

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