Termination

Modernizing the Energy Charter Treaty: What about termination?

Negotiations for modernizing the Energy Charter Treaty, a 1994 agreement covering trade, investment and other aspects of the energy sector among its contracting parties, are expected to begin before 2019 draws to a close. Yet given the need identified in myriad other forums to reform ISDS and to ensure trade and investment agreements can support ambitious climate action, why aren’t more officials and commentators discussing the possibility of terminating the ECT entirely, or of reconsidering its survival clause for those parties which choose to withdraw? Tania Voon explores the issue and outlines options going forward.

@taniavoon
@MelbLawSchool

News  |  September 19, 2019

UNCITRAL secretariat publishes documents to be considered at October 2019 session of Working Group III on ISDS reform

Delegates to the UNCITRAL Working Group III process on multilateral ISDS reform will meet again in Vienna during the week of October 14–18, 2019.

News  |  June 27, 2019

Australia inks new BIT with Uruguay, trade and investment deals with Hong Kong

Australia has signed a new BIT with Uruguay and an investment deal with Hong Kong. The agreements feature some changes or clarifications to past deals’ provisions on ISDS and on government regulations designed to fulfill public policy objectives, such as health.

Reassertion of Control over the Investment Treaty Regime

States are pursuing many avenues to curb the international investment regime, perceived as having run out of control. This book examines the many issues of procedure, substantive law and policy arising from this trend­.

ITN  |  October 30, 2012

News in Brief

South Africa begins withdrawing from EU-member BITs South Africa has terminated its bilateral investment treaty with Belgium and Luxembourg, and intends to phase out other treaties with European countries. In a September 7th letter to Belgium’s Ambassador in Pretoria, South Africa’s Minister of International Relations denunciated the treaty, in accordance with the treaty’s termination clauses […]

ITN  |  August 29, 2008

Ecuador threatens cancellation of oil contracts unless ICSID nixed as arbitration forum

By Fernando Cabrera Diaz 29 August, 2008 The Ecuadorian government will consider contracts with oil companies terminated unless they remove the International Centre for Settlement of Investment Dispute (ICSID) as the venue of arbitration. The threat comes as the Andean nation considers domestic legal reforms which would make it unconstitutional for the country to be […]

ITN  |  August 6, 2008

South American alternative to ICSID in the works as governments create an energy treaty

By Fernando Cabrera Diaz 6 August 2008 A  July 16-17 meeting of the Bolivarian Alternative for the Americas (comprised of Bolivia, Cuba, Dominica, Nicaragua, and Venezuela)* ended without public mention of the International Centre for Settlement of Investment Disputes (ICSID), the World Bank agency that administers investor-state arbitrations. Nonetheless, the bloc’s push for a regional […]