Bilateral investment treaties’ protection for multinational companies

Bilateral investment treaties (BITs) provide conditional terms which regulate investments between two countries, and are used as a tool for economic growth by attracting external investments.However, some countries claim BITs are a threat to economic and social policies. Furthermore, BITs play a rol...

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Main Authors: Elfakharani, Ashraf M. A., Abdul Rahman, Rohana, Abdullah, Nor Anita
Format: Article
Language:English
Published: 2016
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Online Access:http://repo.uum.edu.my/20251/1/IRMM%206%20S7%202016%2083%2090.pdf
http://repo.uum.edu.my/20251/
https://www.econjournals.com/index.php/irmm/article/view/3176
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spelling my.uum.repo.202512016-12-06T09:00:46Z http://repo.uum.edu.my/20251/ Bilateral investment treaties’ protection for multinational companies Elfakharani, Ashraf M. A. Abdul Rahman, Rohana Abdullah, Nor Anita JX International law Bilateral investment treaties (BITs) provide conditional terms which regulate investments between two countries, and are used as a tool for economic growth by attracting external investments.However, some countries claim BITs are a threat to economic and social policies. Furthermore, BITs play a role as a legal cover for unconditional protection for Multinational Companies (MNCs), without linking the terms of protection to any party on the MNCs side.Thus, no provisions deal with acts or the very idea of corruption, or refer to the state’s right to safeguard public money and maintaining sovereignty, which become overruled under international arbitration. With a broad definition for “investor,” the question of who gets protection under the treaty is not strictly answered.Upon signing a treaty, the investors (signing party) already present in a country (with whom their state signed a BIT), and potential future investors, become protected under the terms of the treaty.This article addresses the very question on whether BITs are a safe haven for encroachments by MNCs, through literature review and various cases that exhibit abuse of BITs in the respective host state.This article provides an understanding as to why BITs are considered a safe haven for the MNCs 2016 Article PeerReviewed application/pdf en cc4_by http://repo.uum.edu.my/20251/1/IRMM%206%20S7%202016%2083%2090.pdf Elfakharani, Ashraf M. A. and Abdul Rahman, Rohana and Abdullah, Nor Anita (2016) Bilateral investment treaties’ protection for multinational companies. International Review of Management and Marketing, 6 (S7). pp. 83-90. ISSN 2146-4405 https://www.econjournals.com/index.php/irmm/article/view/3176
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutionali Repository
url_provider http://repo.uum.edu.my/
language English
topic JX International law
spellingShingle JX International law
Elfakharani, Ashraf M. A.
Abdul Rahman, Rohana
Abdullah, Nor Anita
Bilateral investment treaties’ protection for multinational companies
description Bilateral investment treaties (BITs) provide conditional terms which regulate investments between two countries, and are used as a tool for economic growth by attracting external investments.However, some countries claim BITs are a threat to economic and social policies. Furthermore, BITs play a role as a legal cover for unconditional protection for Multinational Companies (MNCs), without linking the terms of protection to any party on the MNCs side.Thus, no provisions deal with acts or the very idea of corruption, or refer to the state’s right to safeguard public money and maintaining sovereignty, which become overruled under international arbitration. With a broad definition for “investor,” the question of who gets protection under the treaty is not strictly answered.Upon signing a treaty, the investors (signing party) already present in a country (with whom their state signed a BIT), and potential future investors, become protected under the terms of the treaty.This article addresses the very question on whether BITs are a safe haven for encroachments by MNCs, through literature review and various cases that exhibit abuse of BITs in the respective host state.This article provides an understanding as to why BITs are considered a safe haven for the MNCs
format Article
author Elfakharani, Ashraf M. A.
Abdul Rahman, Rohana
Abdullah, Nor Anita
author_facet Elfakharani, Ashraf M. A.
Abdul Rahman, Rohana
Abdullah, Nor Anita
author_sort Elfakharani, Ashraf M. A.
title Bilateral investment treaties’ protection for multinational companies
title_short Bilateral investment treaties’ protection for multinational companies
title_full Bilateral investment treaties’ protection for multinational companies
title_fullStr Bilateral investment treaties’ protection for multinational companies
title_full_unstemmed Bilateral investment treaties’ protection for multinational companies
title_sort bilateral investment treaties’ protection for multinational companies
publishDate 2016
url http://repo.uum.edu.my/20251/1/IRMM%206%20S7%202016%2083%2090.pdf
http://repo.uum.edu.my/20251/
https://www.econjournals.com/index.php/irmm/article/view/3176
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score 13.154949