The Individual and Structural Change in the International Legal System

Chapter 3. Direct Obligations in Investment Law Practice

“…These decisions are based on 'conventional' BITs, including treaties to which developed countries are parties, too, namely the US-Argentina BIT, the CAFTA-DR, the US-Ecuador-BIT and the France-Ecuador-BIT. 183 In addition, the new 2019 Netherlands Model BIT contains direct obliga tions based on domestic obligations enacted in the home and the host state (however, without a possibility to enforce them via ISDS against investors). Thus, they show that there is a basis for integrating direct obligations into already-existing IIAs.…”