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You are here: Home » News and Analysis » Treaty-making

Treaty-making

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Recent articles

  UN Working Group finalizes UNCITRAL transparency rules, but they won't apply automatically to stockpiles of existing investment treaties
  Fate of more than a thousand European bilateral investment treaties is sealed in latest deal
  Brussels’ thinking on future of extra-EU investor-state dispute settlement comes into focus after much give and take with member-states
  EU and member-states find common ground on roster-system for arbitrators, heightened ethics rules, and broader transparency
  China-Canada bilateral investment treaty unveiled: a first look at the provisions of long-delayed pact
  ANALYSIS: A closer look at the dispute settlement provisions of the China-Canada investment treaty, including its state-to-state mechanism
  While European Union debates future direction of investment treaties, Switzerland sticks to traditionalist template
  South Africa pushes phase-out of early bilateral investment treaties after at least two separate brushes with investor-state arbitration
  European Commission unveils proposal for who should bear brunt of future investment arbitrations; member-states could continue to be respondents in some cases
  U.S. investment treaty negotiations ramping up; some talks had been ongoing during review process
  ANALYSIS: United States unveils “new” model bilateral investment treaty that retains protective core, and makes a few tweaks on periphery
  Canada announces conclusion of investment treaty with China, but there’s an asterisk
  U.S. Senate ratifies Rwanda investment treaty; agreement had already been referenced in a (now-settled) arbitration at ICSID
  EU member-states approve negotiating guidelines for India, Singapore and Canada investment protection talks; some European governments fear “NAFTA-contamination”
  Presiding arbitrator is designated in gold and diamond mining dispute after parties fail to agree on candidate; underlying investment treaty was terminated several years ago, but claimants invoke its protections
  Unpublished discussion paper gives overview of European Commission trade department's recent thinking on foreign investment dispute settlement
  European Commission's trade department floats idea of ICSID as clearing-house for all investment disputes under future EU agreements; Washington-based Centre seen as well-placed to promote EU’s transparency objectives
  ANALYSIS: As Brussels continues to clarify thinking on investment dispute settlement in discussion paper, spotlight settles on legitimacy concerns plaguing current brand of investor-state arbitration
  After tight vote in committee, entire EU Parliament to weigh into debate over future of 1200+ bilateral investment treaties between member-states and non EU states
  In policy switch, Australia disavows need for investor-state arbitration provisions in trade and investment agreements
  Czech Republic terminates investment treaties in such a way as to cast doubt on residual legal protection for existing investments
  Australian government commission sees little need for investment protections and arbitration mechanisms in international economic agreements
  As EU Trade Policy Committee prepares to meet, views diverge on European Commission’s plans for investment treaties with external trading partners
  EC asks member-states to signal by year’s end whether they will terminate their intra-EU investment treaties; spectre of legal action looms
  Governments begin debate on transparency in UN arbitration rules; first meeting highlights range of views on form and content
  New Chinese treaty with Switzerland replaces 1986 pact
  Government views vary widely on eve of meeting to discuss transparency in UN arbitration rules
  European Commission and member-states will meet to discuss whether BITs are needed within European Union
  Group of academics calls for investment law regime change; investment treaty protections should give way to contract-based protection
  European Commissioners send investment policy proposals back for further work
  Details of EC Investment negotiating approach begin to emerge as announcement looms
  Belgian ratification of Colombia BIT suspended in face of labour protest
  Comprehensive Japan-Uzbek investment treaty now in force
  Ecuadorian President reportedly asks Congress to terminate 13 BITs; move comes on heels of earlier termination of multiple BITs
  ANALYSIS: while some debates recur, new issues also raised in US BIT review – including economic crisis concerns
  Advisory Committee Report offers some consensus, but many divergences, as to future of US model investment treaty
  Italy, Slovenia and Malta concur with Czechs on lack of necessity for intra-EU BITs; Italy-Czech BIT terminated
  Denmark and Czech Rep to terminate BIT; but not all EU members agree with Czech view that intra-EU BITs are unnecessary
  BRIEFLY NOTED: United States seeks public input into Model Bilateral Investment Treaty review process
  ANALYSIS: Multitude of safeguards and exceptions make for baroque Canadian BITs with Romania, Latvia, Czech Republic
  ANALYSIS: Closer look at substantive and procedural features of new Canadian BITs with Czech Republic, Romania and Latvia
  Canada's new BITs with several EU member-states reflect EU requirements and Canadian reform agenda
  Dispute settlement provisions of Canada-Colombia FTA include ICSID/UNCITRAL arbitration & transparency obligations
  Canada and Colombia conclude Free Trade Agreement with carefully-circumscribed investment protections
  Bush Administration sends US-Rwanda BIT to Senate for ratification
  Brazil mandated to pursue limited range of investment protection standards; prospects for 90's-era BITs remain dim
  Working Group explores interface between foreign investment and sustainable development in Latin America
  U.S. makes eastern push as investment treaty talks opened with China, Vietnam, India – and promised with Russia
  Transparency issue to remain on UNCITRAL radar screen
  Latest Japanese pacts with Laos and Cambodia offer glimpse of latest Japanese thinking on investor protection
  Japan maintains rapid negotiating pace on investment pacts
  UNCITRAL Member-Governments convene in New York as Canada renews push for transparency
  British Institute to host discussion on European Union BITs and EU law
  Venezuela surprises the Netherlands with termination notice for BIT; treaty has been used by many investors to “route” investments into Venezuela
 
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