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Asian-African Legal Consultative Committee: Model Bilateral Agreements on Promotion and Protection of Investments*

Published online by Cambridge University Press:  04 April 2017

Abstract

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Type
Treaties and Agreements
Copyright
Copyright © American Society of International Law 1984

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Footnotes

*

[Reproduced from the text provided to International Legal Materials by the Asian-African Legal Consultative Committee.

[The model agreements as finalized by the expert group meeting in New Delhi, January 30-February 1, 1984, begin a t I.L.M. page 241, with Model A. Model B appears at page 254, and Model C appears at page 267.]

References

page 241 note * The model agreement is intended to provide a possible negotiating text for consideration of governments. It is merely a model and not an adhesive text. The possibility that the text would be modified or altered in the course of bilateral negotiations to suit the needs of the parties is clearly contenplated.

page 245 note * There were some differences of views on the need for inclusion of this clause.

page 246 note * Some countries do not favour ‘National Treatment’ for foreign investments.

page 249 note * Several participants had reservations on the provisions of this paragraph.

page 253 note * There were some differences of views about the past investments being covered.

page 253 note ** Alternative provisions.

page 254 note * There were some differences of views whether past investments should be covered.

page 254 note * The model agreement is intended to provide a possible negotiating text for consideration of governments. It is merely a model and not an adhesive text. The possibility that the text would be modified or altered in the course of bilateral negotiations to suit the needs of the parties is clearly contenplated.

page 258 note * There were some differences of views on the need for inclusion of this clause.

page 260 note * Some countries do not favour ‘National Treatment’ for foreign investments.

page 262 note * Some delegations had reservations on this provision.

page 263 note * Several participants considered this provision to bo inappropriate.

page 266 note * Alternative provisions.