Bilateral Investment Treaties (BITs)

SouthViews No. 49, 11 December 2012

Challenges posed by BITs to developing countries

By Mariama Williams

Bilateral investment treaties pose many challenges to developing countries, and initiatives are underway to move towards a new framework. This message is contained in a closing speech by Mariama Williams on behalf of the South Centre at the 6th Annual Investment Forum for Developing Country Negotiators, Port of Spain, Trinidad and Tobago, 29-31 October 2012, which was co- organised by the South Centre.

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SouthViews No. 47, 6 December 2012

Hazards in Bilateral Investment Treaties (BITs): Investors’ rights v. public health

By Carlos Correa

An arbitral tribunal is expected to issue soon a decision on jurisdictional matters in a case brought by Philip Morris against the government of Uruguay. The claim, based on a bilateral investment treaty (BIT) between that country and Switzerland, challenges packaging and labeling requirements for cigarettes adopted by Uruguay to reduce tobacco’s consumption.
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SouthViews No. 46, 5 December 2012

South Africa’s review and new policy on BITs

By Xavier Carim

Below is a speech on “A South African Perspective on International Investment Agreements” by Xavier Carim, Deputy Director General, Department of Trade and Industry, South Africa at the WTO Public Forum, 25 September 2012, Geneva.

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Policy Brief 12, November 2012

Trade and Investment Agreements—Barriers to National Public Health and Tobacco Control Measures.

An arbitral tribunal is expected to issue soon a decision on jurisdictional matters in a case brought by Philip Morris against the government of Uruguay. The claim, based on a bilateral investment treaty (BIT) between that country and Switzerland, challenges packaging and labeling requirements for cigarettes adopted by Uruguay to reduce tobacco’s consumption. (more…)

Policy Brief 5, May 2011

Summary overview of the recent development of the agenda of financial reform.

A cursory read of the FSB’s report on progress in the implementation of G20’s reform agenda indicates how vast the agenda has become. Agreement on the international agenda is being accompanied by measures implementing this agreement at national level and at the level of the EU. (more…)

Research Paper 31, July 2010

Legal Analysis of Services and Investment in the Cariforum-EC EPA: Lessons for other Developing Countries.

This Research Paper is a legal analysis of the EC-Cariforum Services and Investment Chapter. It demystifies the many complex technical details in the EPA text and illustrates where this services and investment template goes beyond the WTO’s GATS. The paper highlights implications for other developing countries embarking on similar negotiations with the EU. (more…)

Analytical Note, February 2005

Developments on Discussions for the Improvement of the Framework for ICSID Arbitration and the Participation of Developing Countries.

The International Centre for settlement of Investment Disputes (ICSID) is established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) that entered into force on October 14, 1966. (more…)

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