Investment treaties lay out the legal framework for international investors, providing protections against expropriation, discrimination, and other forms of unfair treatment. As an investor, it’s important to know where to find these treaties and what to look for when reviewing them. This blog post will guide you through the process of finding investment treaties online and highlight key considerations for investors.
Investment Treaties Resources
The first step in finding investment treaties online is to identify the sources available. One widely used resource is the United Nations Conference on Trade and Development (UNCTAD), which maintains a database of over 3,000 investment treaties and can be visited at International Investment Agreements Navigator | UNCTAD Investment Policy Hub. The International Centre for Settlement of Investment Disputes (ICSID) also offers a database of investment treaties, as well as arbitration awards and other related documents. Other resources to consider include the World Trade Organization (WTO), the International Labour Organization (ILO), and national government websites.
Key Consideration
Once you have identified relevant investment treaties, it’s important to carefully review the terms and provisions to determine if they meet your needs as an investor. Some key considerations to keep in mind include:
Scope of Protection: Determine the scope of protection offered by the treaty, including whether it covers indirect investments, such as portfolio investments or loans.
Dispute Resolution Mechanisms: Investigate the dispute resolution mechanisms outlined in the treaty. Are disputes resolved through arbitration or through local courts? Are there any restrictions on investor-state disputes?
Conditions for Investment: Look into the conditions under which investments are allowed, including any performance requirements or restrictions on foreign ownership.
Expropriation and Compensation: Examine the provisions for expropriation and compensation, including the definition of expropriation and the standards for determining fair market value.
Benefits of Using Online Resources – One of the biggest advantages of using online resources for investment treaties is the ease of access. With a few clicks, investors can search for and review a vast number of treaties from around the world. Additionally, online resources often provide powerful search and filter tools that allow investors to quickly identify relevant provisions and compare different treaties. Another benefit is the ability to access up-to-date information, including recent amendments, interpretations, and case law.
Limitations of Online Resources – While online resources offer many benefits, there are also limitations to keep in mind. One potential challenge is the sheer volume of information available, which can be overwhelming and difficult to navigate. Additionally, not all online resources are up-to-date or comprehensive, so investors may need to consult multiple sources to get a complete picture. Finally, online resources may not provide the full context for a treaty, including the political and social factors that influenced its creation and interpretation.
Online Resources
| Investment Treaties Database | International Investment Agreements Navigator | UNCTAD Investment Policy Hu | Provide Bilateral and Multilateral investment treaties and map them in a comprehensive way. | |
| Jus Mundi | Jus Mundi | Search Engine for International Law and Arbitration | Databases of International Cases but it requires a subscription. | |
| Global Arbitration Review | Global Arbitration Review | Databases of International Cases but it requires a subscription. | |
| Italaw | Investment Treaties | italaw | Databases of international cases and Treaties |
Conclusion
Investment treaties offer valuable protections for international investors, but it’s important to be informed and knowledgeable about the terms and provisions that they entail. By utilizing online resources and carefully reviewing investment treaties, investors can make informed decisions and mitigate risk. Keep in mind the key considerations highlighted in this blog post and explore the wealth of investment treaty information available online. At Transnational Matters PLLC, attorneys are well versed into the domain of international investments and Arbitration disputes. Contact Our Office – Transnational Matters
