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Renegotiation of investment treaties as a mean of internalization

A few states in Asia and Latin America have recently embarked on an overhaul of their
investment treaty program by terminating and renegotiating the states’ bilateral investment
treaties (BITs). While that is commonly viewed as part of a backlash against the global
investment treaty regime and particularly its investor-state dispute settlement mechanism
(ISDS), this paper suggests that narrowing the scope of the host state’s substantive
obligations, preserving regulatory autonomy and limiting the state’s exposure to investment
treaty claims are not the only virtues which may arise from a state’s investment treaty
renegotiation program. The program, and the resulting new treaties, can also be valuable in
enhancing the internalization of investment treaties in the respective state as well as providing
a better framework for the treaties’ implementation on a domestic level. The paper will thus
elaborates on the notion, process and complexities of ‘internalization’ of investment treaties
at a domestic level as one of the keys to understand how such treaties are implemented and
observed as well as linking investment treaty renegotiation programs to internalization efforts.

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Informasi Detail

Judul Seri

No. Panggil

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Penerbit

Washington, D.C. : Society of International Economic Law & American University Wahington College of Law., 2018

Deskripsi Fisik

p. 1 - 13

Bahasa

English

ISBN/ISSN

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Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

GOOD GOVERNANCE
RULE OF LAW
INTERNALIZATION
BILATERAL INVESTMEN TREATIES
INVESTMENT TREATIES
TREATY TERMINATION
IIAS RENEGOTIATION
MANAGERIAL COMPLIANCE
DOMESTIC IMPLEMENTATION

Info Detail Spesifik

Makalah dipresentasikan pada SIEL's Biennial Global Conference: International Economic Law in Unsettling Times. Society of International Economic Law & American University Wahington College of Law. Washington, DC., 12-14 July 2018.

Pernyataan Tanggungjawab

John Anthony Manogari Tobing

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