Commentary to the Austrian Model Investment Treaty
The commentary examines the Austrian Model Bilateral Investment Treaty (BIT) and compares recent developments in the use of BIT models in North America and Europe.
The paper focuses, among others, on the Austrian Model BIT's scope, definitions of "investment" and "investor," umbrella and dispute settlement clauses, host country obligations, most favoured nation (MFN) and national treatment and obligations. Further topics include market access, expropriation and fair and equitable treatment (FET) provisions. Specific attention is given to BIT provisions addressing the environment, labour and sustainable development, and to the issue of transparency in investor-State dispute settlement. The paper commends the efforts to modernize the Austrian approach to international investment treaty negotiations, but also points out some still-existing key areas of concern and recommends ways to address problems in the nearly 70 existing treaties already concluded by Austria.
You might also be interested in
Decoding the Belt and Road Initiative’s Legal Architecture
This article unpacks the Belt and Road Initiative's legal architecture—covering hard law (such as treaties and contracts), soft law (such as memoranda of understanding), and the unique role of China's state-owned enterprises—and sets out recommendations for host country policy-makers on how to navigate this hybrid legal environment.
What Happened in Santa Marta?
What happened at the first international conference on transitioning away from fossil fuels? IISD experts share 7 takeaways and discuss what comes next.
Tax Incentives in National Investment Laws
This report maps the design, legal structure, and governance arrangements of tax incentives across 105 national investment laws to support better coordination among the institutions that shape these policies and help countries attract quality investment.
Understanding Investor–State Dispute Settlement in the Mining Sector
This brief introduces investor–state dispute settlement (ISDS) for mining policy-makers and shows how understanding it helps governments design clearer rules, manage permits and contracts, prevent costly disputes, and protect policy spaces while maintaining a predictable investment climate.