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11 - United States of America Model BIT (2004)

Published online by Cambridge University Press:  13 January 2010

Zachary Douglas
Affiliation:
Jesus College, Cambridge
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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:

  1. (a) for the United States, the federal level of government; and

  2. (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.

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Publisher: Cambridge University Press
Print publication year: 2009

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