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New Model Agreement on Investment Promotion and Protection: Progressive or Conservative?

Publication at Faculty of Law |
2017

Abstract

The Czech Republic is historically among the most active states in bilateral investment treaties (BITs) negotiations. In November 2016 the Czech government approved the new model investment promotion and protection treaty which has subsequently replaced the old model dated back to April 1999.

This paper aims to evaluate the model treaty whether it represents progressive or rather conservative approach and whether it can be consider a part of current wider efforts to reform the regime of international investment protection regarding widespread criticism and reservations towards it. For this purpose, the paper investigates into main features of new investment treaties negotiated by developed countries and then it analyses and compares selected provisions of the new Czech model treaty.

On the basis of this examination and comparison, the contribution concludes that the Czech approach represents the unique "mix" of a number of innovative elements together with some potentially controversial parts unchanged in comparison to older treaties.