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Australian Model Investment Promotion And Protection Agreement

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There is a difference here that deserves to be mentioned when considering the protection against expropriation of an investment. Until now, the 1993 ILO has only used the “weaning language” in its protection against the expropriation clause, which is quite atypical for investment agreements. Article 6, paragraph 1 of the 1993 ILO required that investors “not be deprived of their investments or be subject to measures of effect equivalent to that disadvantage.” This language, which prohibits the “withdrawal” of an investment, is much more advanced than the language of the new investment agreement, which prohibits expropriations. The term “expropriation” carries the connotation of a “levy” of a person`s property for the purpose of transferring ownership of that property to another person (for example, the state. B). On the other hand, “deprivation” without “recording” may occur. The investment agreement contains the usual standards of protection, including the obligation to pay compensation in certain circumstances when an investment is expropriated. Hong Kong has sought to sign investment and protection agreements (IPPA) with foreign economies to improve investment flows in both directions and stimulate our economy. IpPA is an agreement between governments on the promotion and protection of investments made by investors of one contracting party in the area of the other party. IIA Navigator This IIAs database – the IIA Navigator – is managed by the IIA section of UNCTAD. You can browse THE IIAs that are completed by a given country or group of countries, view the recently concluded IIAs, or use advanced research for sophisticated research tailored to your needs. Please note: UNCTAD, International Investment Agreements Navigator, available from investmentpolicy.unctad.org/international-investment-agreements/ It is important that the ISDS provision in the A-HFTA contain “procedural guarantees,” some of which are common with investment agreements and some of which are relatively new under international investment agreements.

These are summarized below. Hong Kong IPPAs provide foreign investors with an additional guarantee that their investments in Hong Kong are protected and allow Hong Kong investors to benefit from similar protection for their foreign investments. The typical IPPA provides, among other things, that the investment agreement introduces a number of general exceptions to the proposed investment protection measures, none of which exist in the 1993 ILO, in order to allow the host state to regulate in the public interest. In Australia, however, it remains to be seen whether the next general election will have an impact. First, a review of the treaty by the Joint Standing Committee on Contracts is unlikely to be completed until after the election. But second, while the current coalition government is expected to support the inclusion of ISDS clauses, the lab said it would “review isYS provisions in existing trade and investment agreements and attempt to cooperate with Australia`s trading partners to remove those provisions.” [3] More than 600 Australian companies have a strong presence in Hong Kong.

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