Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Umbrella Clause

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

A particularly important provision in determining the impact of international investment treaties on state contracts is the so-called umbrella clause. The clause goes by many names; whether pacta sunt servanda clause, sanctity of contract clause, respect clause, observation of undertaking clause, mirror clause, or umbrella clause, the effect that it is contended to have remains the same. At the outset, a historical analysis of the clause and the corresponding preparatory work are convenient to enhance the understanding of its effects and application in contemporary investment disputes. The discussion on the effect of the umbrella clause concerns a handful of similar aspects, namely, the wording of the clause, the object and purpose of the treaty, the consequences of the respective results, the location of the clause, and alternative functions of the clause.

Keywords: international investment treaties; umbrella clause



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Impact of Investment Treaties on Contracts between Host States and Foreign Investors — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation