Balance Between Investment Protection and Sustainable Development in BITs: the Example of Switzerland

Details

Serval ID
serval:BIB_7A68080CA884
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Balance Between Investment Protection and Sustainable Development in BITs: the Example of Switzerland
Journal
The Journal of World Investment & Trade
Author(s)
Bonzon A.-J.
ISSN
1660-7112
Publication state
Published
Issued date
2014
Volume
15
Number
5-6
Pages
809-826
Language
english
Abstract
The objective of this article is to examine how substantive and procedural rights granted to foreign investors by Swiss bits are gradually being balanced with social and environmental provisions. Switzerland has enjoyed a long bit practice, as it signed its first treaty with Tunisia fifty years ago. Swiss bits rely on the post-establishment model and include usual standards of treatment. From 1981, they also systematically provide for a dispute settlement mechanism for disputes arising between an investor and a host State. Since the Switzerland - El Salvador bit in 1994, sustainable development concerns have been expressly inserted in some Swiss bits, as well as in several recent free trade agreements. Provisions on this theme are however far from being systematic in Switzerland's bit practice and essentially remain declaratory in nature. The trend towards wider inclusion of sustainable development provisions in bits still faces several practical and political challenges.
Keywords
Switzerland, bit practice, sustainable development
Create date
31/05/2013 11:51
Last modification date
20/08/2019 15:36
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