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Forum: Shift of the Use of Bilateral Investment Treaties as a Shield to Using Them as a Sword Against Government Activity?

Abstract

First paragraph

According to many observers, one of the reasons why the Multilateral Agreement (MAI) failed was that it departed from conventional regulation, where the state sets the framework of rules and defines the obligations of companies. The MAI instead tried to define the rights of investors and the obligations of the state – and this fact applies largely to Bilateral Investment Treaties (BITs) as well.

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