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The variety of bilateral funding treaties (BITs) among international locations elevated from a bit of over 1,000 to greater than 2,500 among 1995 and 2006. the current examine presents an in-depth research of the hot evolution of important provisions present in BITs. The examine makes use of a number of examples from BITs concluded among 1995 and 2006 to aid its research.

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By United Nations

The variety of bilateral funding treaties (BITs) among international locations elevated from a bit of over 1,000 to greater than 2,500 among 1995 and 2006. the current examine presents an in-depth research of the hot evolution of important provisions present in BITs. The examine makes use of a number of examples from BITs concluded among 1995 and 2006 to aid its research.

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This kind of annex is often known as annex of “future measures” or “precautionary reservations”. An example is the 2004 Canadian model BIT: “Article 9 Reservations and Exceptions […] 2. ” Other BITs, such as the one between Japan and Viet Nam (2003) include much more detailed provisions and allow new non-conforming measures only in "exceptional circumstances". “Article 6 1. Notwithstanding the provisions of Article 2 or 4, each Contracting Party may maintain any exceptional measure, which exists on the date on which this Agreement comes into force, in the sectors or with respect to the matters specified in Annex II to this Agreement.

An exception is, for example, the BIT between Peru and Venezuela (1996), which focuses exclusively on the control of a company by nationals of a party. " (non-official translation from Spanish) A significant number of BITs under review follow a different approach and combine several criteria. For instance, they require a company both to be incorporated in the territory of a contracting party and to have its seat or controlling interests in that country (table 7). Bilateral Investment Treaties 1995-2006: Trends in Investment Rulemaking 16 Table 7.

Among the agreements following this method is the BIT between France and Mexico (1998): “Article 4 Protection and treatment of investments 1. ” (emphasis added) Linking the fair and equitable treatment standard to the principles of international law removes the possibility of interpreting the provision using the semantic approach. Furthermore, this link implies that the fair and equitable treatment standard cannot be applied separately from the principles of international law, which would include customary international law on State responsibility in respect of aliens.

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