International Investment Law: Is it Time to Change the Traditional BIT System?
pages 123 - 139
ABSTRACT:

This paper argues that the current international investment regime predominantly based on bilateral investment treaties (BITs) is exhausting its capacity as an efficient tool for regulating international investment. The increasing number of international investment agreements (IIAs) further perpetuates and accentuates the defragmented international investment regulation. Moreover, the existing regime can hardly accommodate the needs of developed states concerned with increasing investments from former capital-importing economies (e.g., BRIC countries) and sovereign wealth funds. Based on historical experience, it remains unlikely that a new multilateral investment treaty initiative will be successful in near future. However, the international community may deepen regional co-operation and foster conclusion of regional investment treaties better designed for current challenges. It might become a provisional measure which would facilitate negotiation of a MAI remaining on the international agenda.

keywords
BIT regime
BITs
BRIC countries
common commercial policy
ICSID
international investment regime
liberalism
MAI
Marxism
mercantilism
North-South confrontation
renegotiation of BITs
TFEU
about the authors

Dr. Oleksiy Kononov – Education: Economics & Law Faculty at Donetsk National University in Donetsk, Ukraine – Specialist in Law (2003); Department of Legal Studies at Central European University in Budapest, Hungary – LL.M. (2007), S.J.D. (2010). He is a former legal practitioner in Ukraine.

e-mail: kononov.oleksiy@gmail.com

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