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Unctad Series On Issues In International Investment Agreements

In addition, the BKT deals with the issue of expropriation or damage to an investment and determines how much and how compensation would be paid to the investor in such a situation. They also set the level of protection and compensation that investors should expect in the event of war or unrest. Another essential element of BITs concerns the settlement of disputes between an investor and the country in which the investment took place. These provisions, often referred to as investor-state dispute settlement, generally mention the forums that investors can use to set up international arbitration tribunals (e.B.g. ICSID, UNCITRAL or ICC) and how this relates to proceedings before the national courts of host countries. As a rule, BITs also contain a clause for the settlement of disputes between the State and the State. There are many examples of PTIA. The North American Free Trade Agreement (NAFTA) is remarkable. While NAFTA addresses a very wide range of issues, including cross-border trade between Canada, Mexico and the United States, Chapter 11 of the agreement contains detailed provisions on foreign investment similar to those of NTBs. [6] Other examples of bilateralLY agreed PIAs are available in the Japan-Singapore EPA[7], the Republic of Korea-Chile Free Trade Agreement[8] and the US-Australia Free Trade Agreement. [9] Statistics show the rapid expansion of CEWs over the past two decades.

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