International Investment Agreements Key Issues Volume Ii

The second era, from 1989 to the present day, is marked by a generally more welcoming feeling about foreign investment and a significant increase in the number of ILOs. This growth of the ILO was due, among other things, to the opening of many developing countries to foreign investment, which hoped that the conclusion of ILO would make it a more attractive destination for foreign companies. In the mid-1990s, three multilateral agreements were also concluded on investment issues in the Uruguay Round trade negotiations and on the creation of the World Trade Organization (WTO). These included the General Agreement on Trade in Services (GATS), the Trade-Related Investment Measures Agreement (TRIMS) and the Trade-Related Intellectual Property Rights Agreement (TRIPS). In addition, PTIA, like regional, inter-regional or multilateral agreements, increased during this period, as illustrated by the conclusion of NAFTA in 1992 and the implementation of the ASEAN Framework Agreement on ASEAN Investments in 1998. In general, these agreements have also begun to intensify investment liberalization. [11] However, the SAIs could enter a new era, as regional agreements such as the European Union, the North American Free Trade Agreement and dozens of existing or under-negotiated bilateral agreements will supplant traditional bilateral agreements. The typical provisions of BITs and ITPs are clauses relating to the standards for the protection and treatment of foreign investment, which generally deal with issues such as fair and equitable treatment, total protection and security, national treatment and the most frequent treatment of nations. [1] Provisions for compensation for losses suffered by foreign investors as a result of expropriation or war and dispute are generally an essential element of these agreements. Most of them also regulate the cross-border transfer of funds related to foreign investment.

Environmental regulations are also becoming more common in I2As. [2]:104 Statistics show the rapid expansion of the IIA over the past two decades. By the end of 2007, the total number of I2 had already exceeded 5,500[12] and increasingly included the closing of the ITAPs, which focused on investment.