States are increasingly critical of the current regime of protection of foreign investment. They often believe that investment treaties require undue limitations of their regulatory powers and undermine their effort to develop sustainably. The article first explores the relationship between foreign investment and sustainable development. It then examines recent treaty practice and assesses how States can take full advantage of investment treaties as vehicles for economic development without compromising on the protection of the environment, labour standard and human rights. It also provides a tentative taxonomy of the different treaty clauses and techniques that may contribute to create a stable and predictable legal framework for foreign investment that is also respectful of the various private and public interests involved
A large number of BITs concluded by France contain quite a peculiar clause (for instance Article 10 BIT with Argentina), which has been recently the object of questionable interpretations and applications in EDF International S. A. et al. v
. Argentina and Mr. Franck Charles Arif v.Moldova. Both tribunals allowed the claimants to benefit, through the MNF clause, from umbrella clauses contained in BITs with third States. It is argued that neither tribunal has rigorously interpreted the relevant provisions in the basic treaty, nor ensured compliance with the ejusdem generis principle. The legal uncertainty that surrounds these provisions is detrimental for foreign investors and States alike. Concerned States should consider taking the measures necessary to clarify, jointly or individually, the content of these provisions and of the obligations stemming from them.
The study of NATO military involvement in the Yugoslav crisis since 1992 is essential to understand the evolution of the Alliance which led to the recent intervention in the Federal Republic of Yugoslavia. During the crisis, NATO forces found themselves involved in military activities which went well beyond those foreseen in the 1949 Treaty. It is argued that NATO forces' activities may be construed either as the collective action of member states coordinated through the Alliance, or as the action of the Alliance itself functioning as a regional organization under Chapter VIII of the UN Charter. This essay attempts to assess, under both alternatives, the legality of these activities, bearing in mind their heterogeneity. Special attention is paid to the relationship between NATO and the United Nations, and in particular to the effectiveness of the control exercised over the operations authorized by the Security Council. It emerges that the Alliance has operated in an increasingly uncertain legal framework and cannot postpone any more a new definition of both its institutional structure and its role in maintaining international peace and security.
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