Incomplete International Investment Law-Applying the Incomplete Contract Theory
TJ Park - U. Cin. L. Rev., 2021 - HeinOnline
U. Cin. L. Rev., 2021•HeinOnline
The Regional Comprehensive Economic Partnership (" RCEP") was signed on November
15, 2020.1 A perusal of the agreement reveals that its investment chapter appears to have a
serious oversight: it is missing investor-state dispute settlement (" ISDS") provisions. 2 The
member states agreed on the investment protection clause but failed to agree on ISDS
provisions. Instead, they inserted a renegotiation clause to complete these terms after
ratifying the treaty. Likewise, the China-Australia Free Trade Agreement (" FTA") lacks …
15, 2020.1 A perusal of the agreement reveals that its investment chapter appears to have a
serious oversight: it is missing investor-state dispute settlement (" ISDS") provisions. 2 The
member states agreed on the investment protection clause but failed to agree on ISDS
provisions. Instead, they inserted a renegotiation clause to complete these terms after
ratifying the treaty. Likewise, the China-Australia Free Trade Agreement (" FTA") lacks …
The Regional Comprehensive Economic Partnership (" RCEP") was signed on November 15, 2020.1 A perusal of the agreement reveals that its investment chapter appears to have a serious oversight: it is missing investor-state dispute settlement (" ISDS") provisions. 2 The member states agreed on the investment protection clause but failed to agree on ISDS provisions. Instead, they inserted a renegotiation clause to complete these terms after ratifying the treaty. Likewise, the China-Australia Free Trade Agreement (" FTA") lacks several articles addressing investment protection, such as clauses addressing expropriation and the minimum standard of treatment. 3 Although this may impair the ability to attract
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