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The Implications Of Bilateral Investment Treaties On Sustainable Economic Development - Literature review Example

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BITs became popular in early 1990s as the need for economic cooperation among countries grew. The current involvement of this paper will be to analyze the existing literature on BIT. The paper will involve carrying out literature review on BIT and sustainable development…
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The Implications Of Bilateral Investment Treaties On Sustainable Economic Development
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Download file to see previous pages The author continues to explain that the purpose of these treatment guarantees was to see less of discrimination acts against foreign investors by host countries7. Also intention was to protect foreign investors from unfair and expropriatory conduct by host States and further enable the liberalization of investment flows through the appropriate mechanisms of reduction of market access barriers.8 Research carried out shows that modern BITs could be characterized by three major substantive protection measures to the foreign investors. USINDIA Business Council expresses that, formulation of BIT gives foreign investors assurance on no discrimination.9 Accordingly, the observation made in this article is that, BITs have become pivotal to both National Treatment (NT) and Most-Favored Nation (MFN) treatment whereby foreign investors are treated on equal measure and basis just like investors from the host country.10 Secondly, the article summarizes that BITs assure fair and equitable treatment (FET) where foreign investors are assured and legally protected against arbitrary, unfair, and inequitable treatment11. Further analysis of the article it become clear that, international law standards have been put in place to guarantee foreign investors full protection and security for their investments.12 Moreover, the author of the article express that, BITs have been clarified to take into considerations of indirect expropriation where today there is emphasis of no expropriation without due process and full compensation.13 As a result of this, there has been adoption and implementation of laws that ban expropriation of investment unless clear and due law is observed and where...
As the essay declares USINDIA Business Council expresses that, formulation of BIT gives foreign investors assurance on no discrimination. The observation made in this article is that, BITs have become pivotal to both National Treatment and Most-Favored Nation treatment whereby foreign investors are treated on equal measure and basis just like investors from the host country.
According to the study findings the vibrancy of legal environment in which foreign investors have found room to operate and where there is legal protection has brought to the forefront the issue of whether BITs in real sense endeavor to promote sustainable development . For instance, the author observes that developing nations suffocated with the need for foreign direct investment (FDI) have become victims of BITs that strip such governments’ powers and rights to regulate and direct economic, social, and political development of their countries. Disputes involving investors and states have increased under BTs agreements. What investors have discovered is that BITs have become the appropriate avenues in which investors are able to challenge legal and policy developments that in most cases may not appeal to the investors. For instance, the author identifies the key areas of concern as where it has become common among many investors especially those in developing countries to challenge states governments on important issues such as nationalization of investment. ...Download file to see next pagesRead More
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