Unnecessarily Incomplete International Investment Agreements: Causes, Problems, and Solutions

Park, Tae Jung, Law - School of Law, University of Virginia
Stephan, Paul, LW-Law School Central, University of Virginia
Gilbert, Michael, LW-Law School Central, University of Virginia
Ryan, Christopher, LW-Law School Central, University of Virginia

This dissertation seeks to identify various legal and institutional methods to remove unnecessarily incomplete provisions from International Investment Agreements (IIAs). An excessive number of incomplete IIAs are ratified each year. An example of an incomplete IIA is one where investment protection articles are omitted. Incompleteness in an IIA may result in negative consequences for both host and home countries. The existing literature on IIAs has neglected to consider the existence of this phenomenon, and has neither explained the causes for nor identified solutions to this phenomenon. This dissertation explains the causes of incomplete IIAs and presents the problems emanating from it. It also identifies legal and institutional solutions to reduce unnecessarily incomplete provisions in IIAs.

SJD (Doctor of Juridical Science)
international investment law
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