Another important trend is the multiplicity of agreements. [14] As a result, the developing international CEW system has been likened to a metaphor for a “spaghetti shell.” According to UNCTAD, the system is universal, as virtually every country has signed at least one I2. At the same time, it can be considered atomized because of the large number of individual agreements that currently exist. The system is complex, with the signing of agreements at all levels (bilateral, sectoral, regional, etc.). It is also complex, as an increasing number of I2As contain provisions on subjects traditionally far removed from investment, such as trade, intellectual property, workers` rights and environmental protection. The system is also dynamic, as its main features are currently evolving rapidly. [15] [16] For example, new standards tend to include provisions that deal more often with issues such as public health, safety, national security or the environment, in order to better address public policy concerns. Finally, beyond AI, there are other international laws that are relevant to countries` national investment frameworks, including international customary law, UN instruments and the WTO agreement (for example. B TRIMS). A typical bit begins with a preamble that describes the general intent of the agreement and the provisions relating to its scope. This is followed by a definition of keywords that clarifies, among other things, the meanings of “investment” and “investor.” The ILO then addresses issues related to the admission and installation of foreign investment, including standards for the treatment of foreign investors (minimum standard of treatment, fair and fair treatment, total protection and security, questioning and national treatment most prized).
Free transfer of funds across national borders as part of a foreign investment is generally regulated in the ILO. In addition, the ILOs address the issue of expropriation or damage to an investment and determine the amount and manner in which the investor should pay compensation in such a situation. They also set the level of protection and compensation that investors should expect in the event of war or unrest. Another key element of the ILO is the settlement of disputes between an investor and the country in which the investment was made. These provisions, often referred to as investor-state dispute settlement, generally refer to the forums that investors can use to set up international arbitration tribunals (. B for example ICSID, UNCITRAL or ICC) and how this relates to proceedings before the national courts of the host countries. As a general rule, the ILO also contains a dispute settlement clause between the state and the state. Finally, ILOs generally refer to the contract timetable, clarify how the agreement is renewed and terminated, and determine the extent to which investments made prior to the conclusion and ratification of the treaty are covered.
[5] It was argued that decisions adopted outside Chapter VII could also be binding; The legal basis is the scope of the Council`s powers under Article 24, paragraph 2, which states that it “acts in the performance of these tasks (exercise of the primary responsibility for international peace and security) in accordance with the objectives and principles of the United Nations.”