Document Type
Article
Publication Date
9-2013
Abstract
As part of States’ efforts to strike a balance in their international investment agreements (IIAs) between the obligations they assume and the rights and policy space they wish to retain, some adjoin annexes to their treaties to protect their ability to take “Non-Conforming Measures” (NCMs). States have generally: used such annexes to make exceptions to non-discrimination obligations, market access restrictions and performance requirements; have included the ability to grandfather in NCMs existing at the time an IIA enters into force; and have provided for the ability to maintain, amend, and enact new NCMs in specifically identified sectors, sub-sectors, activities, or policy areas.
Disciplines
Dispute Resolution and Arbitration | International Law | International Trade Law | Law | Oil, Gas, and Mineral Law | Securities Law
Recommended Citation
Lise Johnson,
Mobil v. Canada – Ratcheting Down the Scope of Treaty Reservations,
UNCTAD Investment Policy Hub, September 10, 2013
(2013).
Available at:
https://scholarship.law.columbia.edu/sustainable_investment_staffpubs/141
Included in
Dispute Resolution and Arbitration Commons, International Law Commons, International Trade Law Commons, Oil, Gas, and Mineral Law Commons, Securities Law Commons