International Investment Agreements Key Issues

One of the main organizations dealing with the development dimension of AI is the United Nations Conference on Trade and Development (UNCTAD), which is the UN`s single point of contact on issues related to IZURis and their development dimension. The organization`s IDU program supports developing countries in their efforts to participate effectively in the complex investment regulatory system. UNCTAD provides capacity-building services, is widely known for its analysis of research and policy on IDU, and is an important forum for intergovernmental discussions and consensus building on issues related to international investment law and international development. BIPs and some ATPs also contain a provision for investor-state dispute settlement. As a general rule, this gives investors the right to file a case with an international arbitration tribunal in the event of a dispute with the host country. The common places subject to arbitration proceedings are the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCIT) and the International Chamber of Commerce (ICC). The main objective of international tax treaties is to regulate the distribution of global income taxes of multinationals between countries. In most cases, this means abolishing double taxation. The substance of the problem lies in the differences of opinion between countries on who is responsible for the taxable income of multinationals. Most of the time, these conflicts are dealt with by bilateral agreements that deal exclusively with income taxation and sometimes on capital.

However, in the past, some multilateral tax treaties and bilateral agreements dealing with taxation and other issues have also been concluded. Although governments conclude IAS standards with respect to overall development objectives, these agreements themselves generally do not directly address economic development issues. While AIs rarely contain specific commitments to promote investment, some provisions that advocate the exchange of information on investment opportunities, encourage the use of investment incentives, or propose the creation of investment promotion agencies (IAPs). Some also contain provisions dealing with development-related public policy issues, such as health or environmental exceptions or essential safety exceptions. Some AIs also give countries specific regulatory flexibility, particularly when it comes to making commitments to investment liberalization. In summary, the latest developments make the system increasingly complex and diverse. Although the main elements of AI are similar in most agreements, the details of these provisions can be considerably different. All this makes it increasingly difficult for countries, especially developing countries, to interact with inter-institutional agreements and also complicates the negotiation of new agreements. The second era, from 1989 to the present day, is marked by a generally more welcoming feeling about foreign investment and a significant increase in the number of ILOs.