Temporal Validity of International Investment Agreements: A Large Sample Survey of Treaty Provisions

Joachim Pohl
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Joachim Pohl: OECD

No 2013/4, OECD Working Papers on International Investment from OECD Publishing

Abstract: International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements that the 55 economies participating in the OECD-hosted Freedom of Investment Roundtables have concluded with any other economy. The paper summarises in its first part past and current treaty practice in this regard: how do States design the parameters that define the temporal validity of their treaties and the duration of the obligations contained therein? How has this design evolved over time? Do different kinds of IIAs take different approaches to this matter? Have individual States developed distinct practices or policies? The second part of the paper presents key findings that result from the analysis of treaty practice in a large number of agreements. It highlights characteristics of the provisions on temporal validity employed in IIAs; emphasises the collective engagement that results from the clauses in IIAs and the consequences of country-specific practice; and suggests questions on intriguing policy choices that a large comparative study reveals.

Keywords: bilateral investment treaty; comparative law; foreign investment; international investment; international investment agreements; international investment law; investment law; investment treaties (search for similar items in EconPapers)
JEL-codes: F21 F23 F53 F55 K33 K41 N40 P45 (search for similar items in EconPapers)
Date: 2013-12-18
New Economics Papers: this item is included in nep-int
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Persistent link: https://EconPapers.repec.org/RePEc:oec:dafaaa:2013/4-en

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