MJIEL Vol 12 Issue 3 2015 - Article 2 by Al-Louzi

A Coherence Review of Investment Protection under Bilateral Investment Treaties and Free Trade Agreements

Rawan Al-Louzi
 
ABSTRACT:
The international protection of foreign investment is not exclusive to bilateral investment treaties. Virtually all free trade agreements now include a set of investment rules, raising concerns about the coherence of investment protection under bilateral investment treaties and free trade agreements. The significance of coherence derives from its role to prettify the law and minimise the effect of politics which may leave the law incoherent. Accordingly, it is important to ensure that investment protection is based on coherent principles regardless of the form of agreements, be it a free trade agreement or a bilateral investment treaty. Achieving that will prevent the possibility of states committing themselves to contradicting obligations.

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