Book contents
- Frontmatter
- Contents
- Foreword – James Crawford
- Preface
- Table of investment cases
- Table of cases of international courts and tribunals
- Table of cases of municipal courts
- Table of appendices
- List of abbreviations
- 1 The juridical foundations of investment treaty arbitration
- 2 Applicable laws
- 3 Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
- 4 Consent to the arbitration of investment disputes
- 5 Investment
- 6 Jurisdiction ratione materiae
- 7 Jurisdiction ratione personae
- 8 Jurisdiction ratione temporis
- 9 The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
- 10 Admissibility: Contractual choice of forum
- 11 Admissibility: Shareholder claims
- 12 Admissibility: Dispositions relating to the legal and beneficial ownership of the investment
- 13 Admissibility: Denial of Benefits
- Appendices
- 1 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) – ICSID (excerpts)
- 2 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
- 3 North American Free Trade Agreement (1992) – NAFTA (excerpts)
- 4 Energy Charter Treaty (1994) (excerpts)
- 5 China Model BIT (1997)
- 6 France Model BIT (2006)
- 7 Germany Model BIT (2005)
- 8 Netherlands Model BIT (1997)
- 9 Turkey Model BIT (2000)
- 10 United Kingdom Model BIT (2005, with 2006 amendments)
- 11 United States of America Model BIT (2004)
- Index
11 - United States of America Model BIT (2004)
Published online by Cambridge University Press: 13 January 2010
- Frontmatter
- Contents
- Foreword – James Crawford
- Preface
- Table of investment cases
- Table of cases of international courts and tribunals
- Table of cases of municipal courts
- Table of appendices
- List of abbreviations
- 1 The juridical foundations of investment treaty arbitration
- 2 Applicable laws
- 3 Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
- 4 Consent to the arbitration of investment disputes
- 5 Investment
- 6 Jurisdiction ratione materiae
- 7 Jurisdiction ratione personae
- 8 Jurisdiction ratione temporis
- 9 The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
- 10 Admissibility: Contractual choice of forum
- 11 Admissibility: Shareholder claims
- 12 Admissibility: Dispositions relating to the legal and beneficial ownership of the investment
- 13 Admissibility: Denial of Benefits
- Appendices
- 1 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) – ICSID (excerpts)
- 2 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
- 3 North American Free Trade Agreement (1992) – NAFTA (excerpts)
- 4 Energy Charter Treaty (1994) (excerpts)
- 5 China Model BIT (1997)
- 6 France Model BIT (2006)
- 7 Germany Model BIT (2005)
- 8 Netherlands Model BIT (1997)
- 9 Turkey Model BIT (2000)
- 10 United Kingdom Model BIT (2005, with 2006 amendments)
- 11 United States of America Model BIT (2004)
- Index
Summary
Treaty between the Government of the United States of America and the Government of [country] Concerning the Encouragement and Reciprocal Protection of Investment
The Government of the United States of America and the Government of [Country] (hereinafter the “Parties”);
Desiring to promote greater economic cooperation between them with respect to investment by nationals and enterprises of one Party in the territory of the other Party;
Recognizing that agreement on the treatment to be accorded such investment will stimulate the flow of private capital and the economic development of the Parties;
Agreeing that a stable framework for investment will maximize effective utilization of economic resources and improve living standards;
Recognizing the importance of providing effective means of asserting claims and enforcing rights with respect to investment under national law as well as through international arbitration;
Desiring to achieve these objectives in a manner consistent with the protection of health, safety, and the environment, and the promotion of internationally recognized labor rights;
Having resolved to conclude a Treaty concerning the encouragement and reciprocal protection of investment;
Have agreed as follows:
Section A
Article 1: Definitions
For purposes of this Treaty:
“central level of government” means:
(a) for the United States, the federal level of government; and
(b) for [Country], [].
“Centre” means the International Centre for Settlement of Investment Disputes (“ICSID”) established by the ICSID Convention.
“claimant” means an investor of a Party that is a party to an investment dispute with the other Party.
- Type
- Chapter
- Information
- The International Law of Investment Claims , pp. 568 - 599Publisher: Cambridge University PressPrint publication year: 2009
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