Abstract

http://ssrn.com/abstract=1260897
 
 

Citations (3)



 
 

Footnotes (233)



 


 



Umbrella Clauses in Bilateral Investment Treaties: Of Breaches of Contract, Treaty Violations, and the Divide between Developing and Developed Countries in Foreign Investment Disputes


Jarrod Wong


University of the Pacific - McGeorge School of Law

August 29, 2008

George Mason Law Review, Vol. 14, 2006

Abstract:     
The article attached looks at the phenomena of umbrella clauses in bilateral investment treaties, and examines how they can affect otherwise independent investment contracts between host States and foreign investors by moving State-investor disputes out of domestic courts and into international arbitral tribunals. In doing so, it demonstrates how the application of the umbrella clause not only illuminates the differences between breaches of contract and treaty violations, but also reveals the long-standing and continuing conflict between the investment interests of developing and developed countries.

Number of Pages in PDF File: 43

Keywords: Investment, BIT, Bilateral Investment Treaties, Umbrella Clause

JEL Classification: F21

Accepted Paper Series





Download This Paper

Date posted: August 29, 2008 ; Last revised: February 26, 2010

Suggested Citation

Wong, Jarrod, Umbrella Clauses in Bilateral Investment Treaties: Of Breaches of Contract, Treaty Violations, and the Divide between Developing and Developed Countries in Foreign Investment Disputes (August 29, 2008). George Mason Law Review, Vol. 14, 2006. Available at SSRN: http://ssrn.com/abstract=1260897

Contact Information

Jarrod Wong (Contact Author)
University of the Pacific - McGeorge School of Law ( email )
3200 Fifth Avenue
Sacramento, CA 95817
United States
1(916)7397231 (Phone)
1(916)7397272 (Fax)
HOME PAGE: http://www.mcgeorge.edu/x2152.xml
Feedback to SSRN


Paper statistics
Abstract Views: 3,944
Downloads: 951
Download Rank: 12,355
Citations:  3
Footnotes:  233

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.281 seconds