Move away from BITs framework: A need for multilateral investment treaty?

Forere, Malebakeng Agnes (November 2017). Move away from BITs framework: A need for multilateral investment treaty? (Unpublished) (SECO Working Paper Series 15/2017). Bern, Switzerland: SECO, World Trade Institute University of Bern

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The objective of this paper is to critically evaluate the desirability of multilateral treaty that will take into account the needs of developed and developing countries alike as developed nations seek to protect their investment abroad while developing nations want to attract investment, be able to regulate and most importantly they want to limit access to international arbitration. In achieving this objective, the paper will give a snapshot of recent developments indicating a shift away from BITs framework, international investment arbitration and what was considered customary international law of investment. Following from these highlights, the paper will then consider the need of multilateral investment treaty against the current developments. Further, the paper will then discuss how such a multilateral treaty should look like in order to get a buy-in from both the developed and developing nations.

Item Type:

Working Paper

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

Subjects:

300 Social sciences, sociology & anthropology > 340 Law
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation

Series:

SECO Working Paper Series

Publisher:

SECO, World Trade Institute University of Bern

Funders:

[UNSPECIFIED] Swiss State Secretariat for Economic Affairs

Projects:

[UNSPECIFIED] SECO/WTI Academic Cooperation Project

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

10 Jan 2018 14:13

Last Modified:

09 Mar 2018 14:00

Additional Information:

Research for this paper was funded by the Swiss State Secretariat for Economic Affairs under the SECO/WTI Academic Cooperation Project

URI:

https://boris.unibe.ch/id/eprint/108211

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