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investment | BITs


Need to align bilateral investment treaty regime with global reality
The changing dynamic of the global economy has led to a transformation in the role of developing countries as both capital importing and exporting States. There is an urgent need to redefine the global BIT regime to reflect this changing paradigm.
China’s investments prompt call for new rules
The US is trying to use negotiations over a Pacific free-trade pact, called the Trans-Pacific Partnership, to formulate rules governing the behavior of state-owned concerns. China isn’t a party to the talks, but the US hopes Beijing would ultimately agree to whatever limitations the pact imposes on state-owned companies, reports the Wall Street Journal
Investment protection clause: India can’t do a Maldives without paying a price
Recent disputes, including the GMR-Maldives government row and the clash between foreign telecom firms Telenor, Sistema, Etisalat and Vodafone and the Indian government, have exposed India’s vulnerable position in investment agreements. While the foreign telecom companies can use a potent weapon - the ’investment protection’ clause in bilateral treaties - against India, GMR cannot do the same with Maldives.
ASEAN, India conclude FTA talks on services, investment
The 10-member Association of Southeast Asia Nations (ASEAN) concluded a long-bargained free trade agreement (FTA) with India on services and investment on Wednesday ahead of a two-day commemorative summit in New Delhi, India.
Chinese practice of foreign investment protection: Bilateral Investment Treaties (BITs)
Due to the dispute over sovereignty of the Diaoyu Islands between China and Japan, large-scale anti-Japanese demonstrations occurred in several Chinese cities around Sep 18, 2012, resulting in Japanese corporate losses of lost about $125 million, according the Japanese government. Japan says the Chinese government should compensate.
EU provides legal certainty to bilateral investment agreements
With foreign direct investment now being an exclusive European Union (EU) competence under the Lisbon Treaty, the European Commission (EC) has welcomed the adoption by the European Parliament and Council of a new Regulation on bilateral investment agreements, which was first proposed in 2010.
The emerging crisis of investment treaties
This issue of South Bulletin focuses on the emerging crisis of investment treaties. An epidemic of international legal suits taken by companies against governments for billions of dollars is causing public concern and leading to reviews of international investment treaties.
Bilateral investment: A drag on the developing world
The ongoing dispute between the GMR group and the Maldives government over the investment for an airport in Male brings focus on a recent discussion at the World Trade Organisation public forum, and which was followed by an article by Martin Khor, executive director of Geneva-based South Centre.
‘Its high time to agree on BIT’
The United States Ambassador to Pakistan, Richard Olson, has called for early conclusion of Bilateral Investment Treaty (BIT).
New statism: what replaces canned investment treaties?
What is remarkable about South Africa’s move against the EU is the lack of bilateral consultation before terminating its BITs as much as the proposal, almost novel in international investment law, that all future investment arbitration with SA should be domesticated.
Argentina faces 65bn dollars in claims; plans to abandon international litigations court
Argentina faces 42 claims at the World Bank’s ICSID in which the plaintiffs are demanding compensations for almost 65 billion dollars, revealed Eduardo Barcesat legal advisor to the Argentine Treasury and one of several lawyers who has defended the country in those litigations.
EU seeks stiff rules on free trade deal
The European Union wants Canada to agree to compensate European companies for any losses that stem from changes to health, environment or safety rules in Canada, according to documents obtained by The Canadian Press.
PM asked to facilitate out of court resolution
The Ministry of Petroleum and Natural Resources (MoPNR) has written a letter to Prime Minister Raja Pervez Ashraf to persuade the Balochistan government to settle the Reko Diq issue out of court, fearing a penalty of Rs39 billion by the International Centre for Settlement Investment Disputes (ICSID).
The model BIT: A framework for intellectual property agreements
Article from Infojustice about using the US Model BIT framework to create model IPR Agreements and chapters to increase the legitimacy of international policy making in this area....
India, ASEAN FTA talks on services, investment in final stages
Negotiations on the much-delayed Free Trade Agreement in Services and Investment between India and 10-nation ASEAN grouping are in the final stages and effort is being made to conclude these by next month.
Asean-India FTA negotiations reach deadlock
Negotiations to widen the Asean-India free trade agreement in the services and investment sectors have reached a deadlock.
US firm to launch NAFTA challenge to Quebec fracking ban
A US-incorporated energy firm, Lone Pine Resources Inc., is taking on Quebec’s stand against fracking, saying it violates the North American free-trade agreement and demanding more than $250-million in compensation.
Argentina: Unidad Popular thinks the country should withdraw from ICSID
During a public hearing, a member of parliament, Claudio Lozano made the request to follow in the footsteps of countries such as China, India and Brazil, all countries that have not ratified bilateral investment treaties.
Vodafone tax case may delay India-Canada investment protection pact
A foreign investment protection deal between India and Canada—which was expected to be signed this week, according to media reports—is likely to be delayed because New Delhi is reviewing all similar agreements after its tax dispute with Vodafone Group PLC.
Govt depts unwilling to sign BIT
Despite US desires to sign a Bilateral Investment Treaty (BIT) with Pakistan without any delay, various government institutions still seem not on the same page making it a serious headache for the ruling PPP to get it through at the earliest.