INTERNATIONAL INVESTMENT LAW / INVESTMENT PROTECTION

Sustainable international investment protection agreements can reduce arbitration cases and financial losses.

International investment protection agreements are international treaties between States that bring direct investment from foreign investors (natural or legal persons) in a Host State (foreign state) and protect against the Host-State's legal system/legislation.

In particular, the investment agreements include protection against the expropriation of property (both directly and indirectly) and therefore involve different investor protection standards.

INTERNATIONAL INVESTMENT LAW / INVESTMENT PROTECTION

Investment protection agreements are often concluded, like bilateral agreements (BIT), but there are also similar rules in the North American Free Trade Agreement and the Energy Charter Treaty, etc.

BITs are usually concise agreements of about 3 pages with 12 to 14 paragraphs divided into three sections.

In 2020, there were 2338 BITs and 319 other treaties with investment protection provisions.

International investment law includes special rules that are a mixture of investment protection and international law, as well as standards unique to international economic law. Furthermore, legislation in the Host State is extremely important especially in real estate and commercial, labor and environmental law, tax law, etc.

Finally, sustainable international investment agreements between investors and states are important, not only in regard to the Paris Agreement, but also in regard to CSR. Human Rights and the UN Sustainable Development Goals.


International investment law is generally perceived chaotic. Therefore, legal advice is an important part when considering drafting and negotiating agreements with foreign states.

In this connection, the law firm Sonja Toft offers to clarify the legal issues during a meeting with us. And subsequently prepare an initial legal assessment of the facts.

We can potentially help find legal assistance in the current Host State.

We cover the following areas:

  • Jurisdiction and Investor
  • BITs
  • North American Free Trade Agreement
  • Energy Charter Treaty
  • EU rules and decisions
  • Protection against illegal expropriation
  • Fair Equitable Treatment (FET)
  • Full Protection and Security
  • Minimum Standard of Treatment (MST)
  • National Treatment (NT) & Most Favorite Nation (MFN)
  • Discrimination
  • Umbrella Provisions
  • Conflict between investment protection and state regulation
  • Conflicts between EU law and International Investment Law
  • Information of international arbitration