Treaty-making

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Recent articles

  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  Unpublished discussion paper gives overview of European Commission trade department's recent thinking on foreign investment dispute settlement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