Temporal Validity of International Investment Agreements: A Large Sample Survey of Treaty Provisions

OECD Working Papers on International Investment, No. 2013/4

48 Pages Posted: 14 Dec 2013

See all articles by Joachim Pohl

Joachim Pohl

Organization for Economic Co-Operation and Development (OECD) - Investment Division

Date Written: December 1, 2013

Abstract

International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States' exit from these treaties.

This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements that the 55 economies participating in the OECD-hosted Freedom of Investment Roundtables have concluded with any other economy.

The paper summarizes in its first part past and current treaty practice in this regard: how do States design the parameters that define the temporal validity of their treaties and the duration of the obligations contained therein? How has this design evolved over time? Do different kinds of IIAs take different approaches to this matter? Have individual States developed distinct practices or policies?

The second part of the paper presents key findings that result from the analysis of treaty practice in a large number of agreements. It highlights characteristics of the provisions on temporal validity employed in IIAs; emphasizes the collective engagement that results from the clauses in IIAs and the consequences of country-specific practice; and suggests questions on intriguing policy choices that a large comparative study reveals.

Keywords: foreign investment, international investment, international investment law, international investment agreements, investment treaties, bilateral investment treaties, comparative law, investment law

JEL Classification: F21, F23, F53, F55, K33, K41, N40, P45

Suggested Citation

Pohl, Joachim, Temporal Validity of International Investment Agreements: A Large Sample Survey of Treaty Provisions (December 1, 2013). OECD Working Papers on International Investment, No. 2013/4, Available at SSRN: https://ssrn.com/abstract=2366465 or http://dx.doi.org/10.2139/ssrn.2366465

Joachim Pohl (Contact Author)

Organization for Economic Co-Operation and Development (OECD) - Investment Division ( email )

2 rue André Pascal
Paris, 75775
France

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