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Assistance to States in Investment Treaty Matters

The Investment Treaty Forum is pleased to facilitate assistance to States when negotiating treaties or when faced with an investment dispute through appropriate experts.

Given that the Forum has been established with a view to facilitating discussion amongst lawyers, policy advisers, academics, government officials and other specialist practitioners, it is in a strong position to provide non-specific advice to States in such matters.

An example of past work in this area is provided below.

EU-China Investment Framework

The Institute was commissioned to prepare a comparative study of bilateral investment treaties concluded by China with the Member States of the European Union. The study focused on the approaches taken in these treaties on such issues as definitions of investor and investment, admission and establishment of investments, national treatment, most-favoured-nation treatment, absolute standards of protection such as fair and equitable treatment and full protection and security, expropriation, umbrella clauses and dispute settlement.

The approaches taken in the EU-China BITs were then contrasted against wider treaty practices existing in the world including the latest trends in investment treaty making. Finally, the study looked at the relationship between the provisions in EU-China BITs and the commitments of relevant countries under the WTO TRIMs and GATS agreements.

For any further information please contact Professor Yarik Kryvoi

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