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Bilateral Investment Treaties 1995-2006: Trends in by United Nations

By United Nations

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

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Extra info for Bilateral Investment Treaties 1995-2006: Trends in Investment Rulemaking

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Bilateral Investment Treaties 1995-2006: Trends in Investment Rulemaking 16 Table 7. Examples of definitions of the term “investor” combining different criteria to ascribe nationality to legal entities BIT between France and Uganda (2002) BIT between Argentina and Thailand (2000) BIT between Chile and Turkey (1998) “Article 1 “Article 1 “Article 1 […] 3. ” (emphasis added) 1. ” (emphasis added) 1. ” (emphasis added) In general, different criteria are combined in cases in which Governments intend to limit the benefits of the agreement to those legal entities that have genuine ties with the home country.

D) companies" means: (i) in respect of the United Kingdom: corporations, firms and associations incorporated or constituted under the law in force in any part of the United Kingdom or in any territory to which this Agreement is extended in accordance with the provisions of Article 12; (ii) in respect of the Republic of Sierra Leone: corporations, firms and associations incorporated or constituted under the law in force in any part of the Republic of Sierra Leone; (emphasis added) […] 1. ” (emphasis added) Unlike in the case of place of constitution or incorporation, it is not very common for BITs to use the criteria of the company’s seat or the ownership or control as the sole condition for defining the nationality of a legal entity.

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. 2. Each Contracting Party shall, on the date on which this Agreement comes into force, notify the other Contracting Party of all existing exceptional measures in the sectors or with respect to the matters specified in Annex II.

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