By United Nations
The prior few years observed a proliferation of overseas funding agreements (IIAs) on the bilateral, neighborhood and interregional degrees. the hot new release of IIAs offers new demanding situations for policymakers. As worldwide financial integration turns into ever deeper, handling the affects of integration at the household economic climate turns into extra advanced and the demanding situations better. This paper presents an summary of this new new release of IIAs, together with the new tendencies , it is going to additionally establish a few of the key concerns that experience emerged, in addition to a number of the matters that come up as international locations search to make sure coverage coherence within the face of a complicated community of overlapping IIA provisions. eventually, the paper will finish with a attention of a few of the consequences for constructing international locations touching on the hot new release of IIAs.
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Additional info for International Investor Arrangements: Trends And Emerging Issues (Unctad Series on International Investment Policies for Development)
2 of the competition chapter of the 2004 Australia-United States Free Trade Agreement provides that: “Each Party shall maintain or adopt measures to proscribe anticompetitive business conduct and take appropriate action with respect thereto . ” The agreement requires each party to maintain an authority responsible for enforcing its national competition laws. Competition provisions are unusual in certain respects. First, while most IIA provisions seek to insulate foreign investment from wrongful conduct on the part of the host country, competition provisions require the host country to impose restrictions on private parties to prevent injury to covered investment.
Whereas IIAs traditionally applied MFN and national treatment to covered investments or investors or both, some recent IIAs apply MFN and national treatment only to specified activities concerning the investment. For example, the 2002 BIT between the Russian Federation and Thailand guarantees MFN and national treatment to investors “as regards their management, maintenance, use, enjoyment or disposal of their investments…” language that is perhaps narrower than the usual formulation. 2 IIAs may also narrow the scope of the MFN clause by excluding from this standard treatment provided by specific other agreements.
None of these elaborations upon the meaning of the fair and equitable treatment clause will necessarily end the debate about its meaning. Those formulations that link it explicitly to customary UNCTAD Series on International Investment Policies for Development 34 International Investment Agreements: Trends and Emerging Issues international law could be characterized as making explicit what had been intended in similar “fair and equitable treatment” clauses, while other clauses could be characterized as applying a special meaning to the clause in the context of a particular treaty.