By United Nations

The earlier few years observed a proliferation of overseas funding agreements (IIAs) on the bilateral, local and interregional degrees. the hot new release of IIAs provides new demanding situations for policymakers. As worldwide monetary integration turns into ever deeper, handling the affects of integration at the household economic system turns into extra advanced and the demanding situations better. This paper presents an outline of this new iteration of IIAs, together with the hot traits , it's going to additionally establish a few of the key concerns that experience emerged, in addition to many of the matters that come up as nations search to make sure coverage coherence within the face of a advanced community of overlapping IIA provisions. eventually, the paper will finish with a attention of a few of the consequences for constructing international locations relating the hot iteration of IIAs.

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Additional info for International Investor Arrangements: Trends And Emerging Issues (Unctad Series on International Investment Policies for Development)

Sample text

Under article 60, the parties may make specific commitments to provide national treatment with respect to measures affecting the supply of services. article 64 contains disciplines on domestic regulation of trade in services similar to those in the GATS. Article 65 requires the parties to ensure that monopoly suppliers of services in their territories do not act in a manner inconsistent with a party’s specific commitments, while article 66 calls for consultations to eliminate business practices that may restrain competition and thereby restrict trade in services.

This type of provision thus requires not simply making existing information available, but a certain mode of behaviour by the host country in dealing with covered investment. This provision, for example, might be cited by an investor as a basis for requesting an explanation of a government decision UNCTAD Series on International Investment Policies for Development 48 International Investment Agreements: Trends and Emerging Issues affecting its investment or a right to participate in some way in government decision-making processes.

Second, although the place of incorporation test has become more widely used than in the past, it is often accompanied by a clause allowing the host country to deny the benefits of the treaty to an investor who is organized under the laws of another party, but has no substantial business activities in the territory of the home country. This provision, in other words, reserves the right to the host country to limit treaty protection to corporate entities having some significant economic link with the economy of another party (UNCTAD 2001c).

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