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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.

Pernyataan Tanggungjawab John Anthony Manogari Tobing
Pengarang Tobing, John Anthony Manogari - Pengarang Utama
Edisi
No. Panggil
ISBN/ISSN
Subyek GOOD GOVERNANCE
rule of law
internalization
BILATERAL INVESTMEN TREATIES
INVESTMENT TREATIES
TREATY TERMINATION
IIAs RENEGOTIATION
MANAGERIAL COMPLIANCE
DOMESTIC IMPLEMENTATION
Klasifikasi
Judul Seri
GMD Computer File
Bahasa English
Penerbit Society of International Economic Law & American University Wahington College of Law
Tahun Terbit 2018
Tempat Terbit Washington, DC.
Deskripsi Fisik p. 1 - 13
Info Detil 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.
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