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Article
Attaching the Right Meaning to Typical Provisions of Bilateral Investments Treaties (BITs) ; A Sketch
Journal of African & International Law (2011)
  • Amin George Forji, University of Helsinki
Abstract
The effectiveness and manner in which BITs pursue their objectives are remarkably uniformed, thanks to their vigorous investors-friendly provisions (although they sometimes use slightly varied expressions), which are also highlighted at length. The most common provisions include National treatment (NT), Most Favoured Nation clause (MFN), Fair and Equitable Treatment (FET), and Disputes Settlement Mechanisms (DSM). These clauses together constitute the core of the treaty rights, thus, they end up affecting the general equilibrium of the treaties. The uniformity of the provisions is primarily due to model BITs by developed countries and standard BITs developed by International Organisations such as the OECD, both of which are a codification of longstanding disputed norms of customary international law.
Keywords
  • BITs,
  • Bilateral Investment Treaties,
  • National Treatment,
  • Minimum requirement,
  • Most Favoured Nation,
  • MFN,
  • fair and Equitable Treatment,
  • Dispute Settlement
Publication Date
Spring January 15, 2011
Publisher Statement
Journal of African and International Law, vol. 3, No 3
Citation Information
Amin George Forji. "Attaching the Right Meaning to Typical Provisions of Bilateral Investments Treaties (BITs) ; A Sketch" Journal of African & International Law Vol. 3 Iss. 3 (2011)
Available at: http://works.bepress.com/amingeorgeforji/10/