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

Détails

ID Serval
serval:BIB_7A68080CA884
Type
Article: article d'un périodique ou d'un magazine.
Collection
Publications
Institution
Titre
Balance Between Investment Protection and Sustainable Development in BITs: the Example of Switzerland
Périodique
The Journal of World Investment & Trade
Auteur⸱e⸱s
Bonzon A.-J.
ISSN
1660-7112
Statut éditorial
Publié
Date de publication
2014
Volume
15
Numéro
5-6
Pages
809-826
Langue
anglais
Résumé
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.
Mots-clé
Switzerland, bit practice, sustainable development
Création de la notice
31/05/2013 11:51
Dernière modification de la notice
20/08/2019 15:36
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