Bilateral And Multilateral Investment Agreements

To this end, “investments” may include a wide range of interests and transactions resulting from mergers and acquisitions, joint ventures, purchases of securities or assets, project financing, concession contracts, development of green prairie assets, construction of production facilities and, in some cases, may include financing operations to support investments, including transactions related to the provision of loans and debt securities. Since there is no common definition of “investments” used in investment contracts, each bit or MIT must be considered in determining whether a particular investment or transaction falls within the scope of its protection. However, dealmakers should bear in mind that there is a useful tendency for the courts to support a broader definition of “investments.” In order to take into account the availability of protection measures in the corresponding ILOs and MITes when proposing an investment in a foreign state, you keep in mind in your reflections on structuring the availability of protection devices under the relevant ILOs and MITs. If you have already made your investment, it may be possible to restructure your investment through a holding company/entity in a member state of origin in order to benefit from the protection of the investment contract (without triggering termination, change of control or similar clauses in your existing investment contracts). Investment contracts, such as ILOs and MITes, are legal instruments between two or more states to increase their investment flows between States Parties. They achieve this by offering foreign investors in the “country of origin” some legal protection against the harmful actions of the host state in which they invest. The safeguards provided by these contracts can complement any contractual agreements that an investor would otherwise have entered into with the state. It is important that it also protects against illegitimate acts of the host state in the absence of such contractual agreements. In approving the negotiations, the OECD Council of Ministers set itself the goal of achieving a “broad multilateral framework for international investment, with high standards for the liberalisation of investment regimes and the protection of investment and effective dispute resolution procedures.” [6] The aim was to create more harmonised, secure and stable investment conditions and to regulate investments in a more coherent, transparent and enforceable manner. Although the agreement is negotiated between Member States, an open agreement should be concluded to which non-OECD members can join on a negotiating basis. [3] Attempts have been made to include the investment programme in a new “millennium cycle” of trade liberalization negotiations, to be organized by the World Trade Organization (WTO).

[38] This led in November 1999 to the historical protest actions “Battle OF Seattle”. [Citation required] At the WTO Ministerial Conference in Cancer, Mexico, in September 2003, a group of more than 20 developing countries met to block the integration of Singapore`s issues, including investment, into the Doha round of trade negotiations. [39] A basis for such resistance is outlined in a critical analysis for Canadian universities. [40] IiA Mapping Project The IIA Mapping Project is a cooperative initiative between UNCTAD and universities around the world to represent the content of the IIAs.