Negotiating dispute settlement terms in bilateral investment treaties (bits) and economic partnership agreements (epas)

Abstract

This paper critically discusses the investor-state dispute settlement and other aspects of investment treaties or agreements that are likely to defeat the original purpose of BITs, that is, promoting trade and investment for national development for both the domestic and host states. The discussion is mainly in the context of developing world and focuses on the main aspects that negotiators should look out for in order to ensure that such treaties facilitate trade and investment in a mutual way between contracting states, especially where the host country is from the developing world.