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Tag Archives: bilateral investment treaties

Romania to terminate its intra-EU Bilateral Investment Treaties

On 8 September 2016, the President of Romania agreed to submit to the Romanian Parliament draft legislation approving termination of 22 bilateral investment treaties that Romania concluded with other EU Member States (“intra-EU BITs”).  The draft legislation had been initiated on 10 August 2016 by the Romanian Government in an expedited legislative procedure. The explanatory note to the draft legislation quotes the European Commission’s view that intra-EU BITs are incompatible with EU law and refers to the infringement proceedings initiated on 18 June 2015 against five EU Member States, including Romania, requesting them

Foreign Direct Investment Decision-Making: The Role of Investment Treaties

On 8 May 2015, Markus Burgstaller of Hogan Lovells presented the findings of the recent report on foreign direct investment and the rule of law (the “Report“) to the twenty-fourth Investment Treaty Forum Public Conference in London. The Report was authored by Julianne Hughes-Jennett, Partner, International Arbitration at Hogan Lovells, together with the Bingham Centre for the Rule of Law and the Investment Treaty Forum, based on a survey by the Economist Intelligence Unit of corporate foreign direct investment decision-making and the rule of law. The survey of 301 senior

Overhaul of Investment law in South Africa

On 1 November 2013, the South African government published a draft Promotion and Protection of Investment Bill, which is intended to replace the existing bilateral investment treaties (BITs) that currently govern investment disputes in South Africa and provide a uniform legal framework to govern all investments in the country. The draft bill follows the South African government’s review of its BITs in 2010, the majority of which were entered into with EU states in the post apartheid-era, and subsequent announcement of its plans to phase out these treaties. South Africa