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 (Unpublished) (SECO Working Paper Series 15/2017).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:	Pablo Rahul Das
Date Deposited:	10 Jan 2018 14:13
Last Modified:	20 Feb 2020 08:51
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