The group, representing nearly 4,500 dispossessed commercial farmers, said the new regulations only affect ‘’indigenous’’ farmers and foreigners protected by Bilateral Investment Treaties (BITs).
Des traités sont en cours de négociations avec notamment le Gabon, le Ghana, le Kenya, la Mauritanie, le Mozambique, la R.D. Congo, le Rwanda et la Tunisie.
Because of changing attitudes with regard to "expansive" investor protections contained in current treaties, investors need to think ahead and negotiate for the necessary protections to be included in investment contracts.
For developing countries, governing foreign direct investment through IIAs and ISDS corresponds to a policy model discredited by years of social and economic failures.
Nepal has signed six bilateral investment treaties that can be described as first generation i.e. a template of BITs that were championed by investor-friendly Western European countries
The basis of a claim in ISDS is always the applicable international investment agreement. There would always be differences and inconsistencies with an appellate mechanism.