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3 Investment Treaty Protections, Political Risk, and Tribunal Decision-Making

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Chapter Summary

It is often observed that investment treaties provide protections for foreign investment against political risk- in contrast to business risk. In order to promote investment flows between treaty partners, State parties to investment treaties agree to treat covered investment in accordance with certain agreed standards, intended to mitigate the political risks of investment. But to what extent do investment treaties provide protection against political risk? Review of investment treaty cases makes clear that while investment treaties may mitigate the political risks of investment, they are not designed to eliminate it. Given that the standards of treatment set forth in investment treaties are commonly expressed in similar terms, it is natural to consider how these standards of treatment apply to address the highly varied economic, social and political conditions prevailing among host states.

Keywords: investment treaties; political conditions; political risk; State parties



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