Investment policy

Conference on investment treaties: The quest for balance between investor protection and governments’ right to regulate


14 March 2016 8h30-18h00 OECD Conference Centre, Paris, France

Many recent investment treaty developments have been driven by the quest for balance between investor protection and governments’ right to regulate. Efforts to achieve balance have inspired innovation in treaty policy, led some countries to exit investment treaties perceived as outdated, and informed treaty policy and practice worldwide.

This conference explored:

  • How governments are balancing investor protection and the right to regulate
  • The search for improved balance through new institutions or improved rules for dispute settlement including the new Investment Court System developed by the European Union
  • A case study on addressing the balance through substantive law in particular through approaches to the fair and equitable treatment (FET) provision.
  • How the OECD, working with other international organisations, can support constructive improvement of governments’ investment treaty policies in this regard

> View the conference summary 


> Treaties and treaty material

> Other material


OECD flags at conference centre entrance 350 pixels wide




Speaker biographies




2015 Investment Treaty Conference

OECD Freedom of Investment Roundtable

Freedom of Investment Roundtable summary reports











Treaties and treaty material

Brazil-Malawi Investment Cooperation and Facilitation Agreement (2015)

China-Korea FTA (2015) 

Comprehensive Trade and Economic Agreement (CETA, 2016)

Dominican Republic-Central America Free Trade Agreement (CAFTA-DR, 2004)

Dutch model BIT (2004)

EU investment chapter proposal for TTIP (2015)

EU-Viet Nam investment chapter (2016)

German model BIT (2008)

Indian model BIT (2016)

OECD Draft Convention on the Protection of Foreign Property (1967)

Pacific Alliance, Additional Protocol to the Framework Agreement of the Pacific Alliance (2014, in Spanish)

Trans-Pacific Partnership Agreement (TPP, 2015)


Other material

South African Protection of Investment Act (2015)

Blog by Cecilia Malmström on Proposing an Investment Court System (2015)

Blog by Angel Gurría on the growing pains of investment treaties (2014)

D. Gaukrodger and K. Gordon (OECD 2012), "Investor-State Dispute Settlement: A Scoping Paper for the Investment Policy Community”

J. Pohl, K. Mashigo and A. Nohen (OECD 2012), "Dispute Settlement Provisions in International Investment Agreements: A Large Sample Survey”

R. Dolzer, "Fair and Equitable Treatment: Today's Contours” (2014)


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