Investment Treaty News (ITN), Volume 11, Issue 4, December 2020
Coherent Identifier 20.500.12592/sz2bqx

Investment Treaty News (ITN), Volume 11, Issue 4, December 2020

21 December 2020

Summary

This contradictory treatment, in which MNCs benefit from the advantages of the two regimes, highlights the 3 Bilateral Agreement for the Promotion and Protection of Investments Between need for a more balanced and coherent approach to the Government of the Republic of Colombia and the Government of the United Arab Emirates managing the [...] This connection prevent the abuse of a provision granting tort victims the between the investment and the investor, which is one right to initiate legal actions against the parent company) of the conditions for benefiting from the protection of it seems advisable to specify that the grounds for bringing IIAs, could also operate inversely. [...] First, it would it would be advisable to incorporate into the proposed address one of the main deficiencies of the corporate clause language specifying that the applicable law is that of responsibility framework by circumventing the legal the home state or, in the alternative, to leave the decision of hurdles posed by the principles of corporate separation the choice of the applicable law to the f [...] A proposed foreign investment in the competition policy, as is the case in the UK under the Enterprise Act 2002).10 The set of triggers reflects a set of assumptions about the risks associated with foreign investment that are built into the operation of any particular 7 Australian Department of the Treasury. [...] As an example, paragraph 1 of the interpretation on the France–Colombia BIT, which 8 Judgment C-252, supra note 6. 9 Agreement between the Government of the Republic of Colombia and the Government of the French Republic for the Promotion and Protection of Investments (2014); the Spanish original of the BIT can be found at: 11 Joint Interpretative Declaration between

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Canada
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IISD, 2020

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coronavirus (covid-19) governance and multilateral agreements investment law & policy