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By United Nations

The variety of bilateral funding treaties (BITs) among nations elevated from somewhat over 1,000 to greater than 2,500 among 1995 and 2006. the current examine offers an in-depth research of the hot evolution of important provisions present in BITs. The research makes use of various examples from BITs concluded among 1995 and 2006 to aid its research.

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Extra resources for Bilateral Investment Treaties 1995-2006: Trends in Investment Rulemaking

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Among the agreements following this approach is the BIT between Argentina and New Zealand (1999). However, a significant number of agreements provide for a longer initial period of application (15 years), such as the BIT between Finland and the Philippines (1998). Other treaties provide in principle that the BIT shall remain in force indefinitely until one contracting party notifies the other of its intention to terminate it. An example is the BIT between the Democratic People's Republic of Korea and Thailand (2002) (table 8).

Thereafter, this Agreement shall remain in force indefinitely unless either Contracting Party notifies the other Contracting Party in writing of its intention to terminate it. The termination of this Agreement shall become effective one year after notice of termination has been received by the other Contracting Party. ” (emphasis added) Main Provisions of Bilateral Investment Treaties 21 Among the BITs examined, one can discern two different approaches regarding the specification of the duration of the treaty after the initial fixed term has expired.

Recent BITs do not show a significant evolution regarding the problems that could arise in the determination of the nationality of a legal entity. Thus, they do not address issues such as how to deal with companies having interests in both parties to a BIT, and what legal effects changes in the nationality of an investor during the duration of a BIT might have (UNCTAD, 1999a; Dolzer and Stevens, 1995). (iii) Clarifying the link between the investment and the investor: The issue of direct and indirect ownership and control The description of a particular asset as foreign — as opposed to domestic — investment depends on the link of ownership between that asset and the investor.

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