Essay on A Report On International Investment Law

6295 Words Aug 3rd, 2015 null Page
None of the three European states having the most IIAs, Germany, France, and UK, include any environmental language or paragraphs in their model BITs from 2005?2006. The OECD survey concludes that only 6.5 percentage of the 1,593 BITs analysed include language referring to environmental concerns, but that over 50 percentage of new treaties (FTAs and BITs) include such concerns, Gordon & Pohl 2011.

BITs
International investment law was developed as a response to the inadequacies of the customary international law in protecting foreign property by providing responsibility to host state.[footnoteRef:2] Most of capital exporting countries was developed states which required better market access commitments from capital exporting countries, and also better standards of investment protection.[footnoteRef:3] The failure to conclude multilateral investment agreement forced developed states to find an alternative for investment protection. Consequently, bilateral investment treaties become the most common legal tools to provide both protection and promotion of investment.[footnoteRef:4] In addition, according to (?..) a massive breakthrough in the development of international investment regime occurred after the end of World War II during the Bretton Woods negotiations, the idea came from Keynes to create an international trade organization.[footnoteRef:5] [2: Historical development of investment treaties p.71] [3: Historical development of investment treaties p.71] [4:…

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