The aim of this paper is to review all the protective provisions found mostly in all BITs, whether coming from customary international law or enunciated through the BIT itself in order to illustrate the implications of those provisions so that a proper understanding of the obligations imposed therein on the host States can be illustrated.
ICSID has published a new set of statistics about its caseload during 2012 and the aggregate since it was created by the Washington Convention in 1965.
CELAC, the Community of Latin American and Caribbean States (Comunidad de Estados Latinoamericanos y Caribeños in Spanish / Comunidade dos Estados Latino-Americanos e Caribenhos in Portuguese), has called for the creation of an investment dispute settlement centre for Latin America and the Caribbean.
With support from Canadian International Development Agency (CIDA), the Department of International Law of the Organization of American States (OAS) has launched a new website in English and Spanish about the enforceability of international commercial arbitration awards in Latin America: http://www.oas.org/en/sla/dil/international_commercial_arbitration.asp.
Following our post on the upcoming entry into force of EU Regulation 1219/2012 we hereby offer a short summary regarding its impact on the BITs signed by Spain with third countries (i.e., excluding those BITs signed with current or upcoming EU Member States).
On 20 December 2012 the Official Journal of the EU published Regulation No. 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries:
On 17 November 2012 Spain and Haiti signed a Bilateral Investment Treaty during the Ibero-American Summit meeting hosted by Spain in Cadix (in Spanish only):
So far we have been unable to obtain the text of this BIT from any Spanish authority as they allege that it has not yet entered into force. Nonetheless, the press release issued by the Spanish Ministry for Foreign Affairs and Cooperation labels its content as ‘habitual’ so we can imagine the kind of provisions included in it.
We would be very happy to receive its text if someone interested in this topic manages to obtain it either from Spanish or Haitian officials.
* José Ángel Rueda; Managing Editor, Blogaila