The Impact of Mutual Termination of Investment Treaties on Investor Rights
Tania Voon, Andrew Mitchell and James Munro, University of Melbourne (Australia)
In recent years, several States have terminated their international investment agreements (IIAs) — e.g., bilateral investment treaties (BITs) and preferential trade agreements incorporating investment provisions. Some have done so due to alarm at unexpected outcomes in investor-State cases, and others are simply updating their IIAs as they conclude wider economic partnership agreements. Indeed,
UNCTAD has reported that, by the end of 2013, more than 1,300 BITs (over a
third of the nearly 2,900 BITs in existence today) will be at the stage where
they could be terminated or renegotiated at any time.