Trade Agreement Investment Treaties
Key personnel. The U.S. ILO requires each party, subject to its individual immigration laws, that investors be able to enter and stay on its territory to make or make investments. Some US ILOs explicitly prohibit certain visa restrictions for investors. They also prohibit restrictions on the hiring of high-level staff for an investment. Bilateral U.S. investment contracts give investors or their subsidiaries the right to submit an investment dispute with the government of the other contracting party to binding international arbitration. The investor can seek settlement in local courts, but as soon as a dispute is resolved in local courts, international arbitration can no longer be used as a method of resolving this dispute. The investor may not be obliged to use the country`s national courts or obtain the approval of the contracting government to submit the dispute to arbitration. The ILO model also provides for government consultations and, where appropriate, a binding arbitration procedure as a means of resolving a dispute over a different interpretation or application of a bilateral investment contract. protection of foreign investment in countries where investor rights are not yet protected by existing agreements (for example. B modern friendship, trade and navigation agreements or free trade agreements); International investment agreements (AI) are divided into two types: (1) bilateral investment agreements and (2) investment contracts. A bilateral investment agreement (ILO) is an agreement between two countries to promote and protect investments made by investors from the countries concerned in the territory of the other country.
The vast majority of IDu are bits. The category of contracts with investment rules (TIPs) includes different types of investment contracts that are not BITs. There are three main types of TIPs: 1) global economic contracts that contain commitments that are often included in ILOs (. B, for example, a free trade agreement with an investment chapter); 2. contracts with limited investment provisions (for example. B, investment creation or free transfer of investment-related funds; and 3) contracts that contain only “framework clauses,” such as. B on investment cooperation and/or a mandate for future investment negotiations. In addition to IDAMIT, there is also an open category of investment-related instruments (IRIs). It includes various binding and non-binding instruments, such as model agreements and draft instruments, multilateral conventions on dispute settlement and arbitration rules, documents adopted by international organisations and others.