Article citationsMore>>

Tropper, J., & Reinisch, A. (2022). The 2020 Termination Agreement of Intra-EU BITs and Its Effect on Investment Arbitration in the EU—A Public International Law Analysis of the Termination Agreement. The Austrian Yearbook on International Arbitration, 16, 301-340.
https://doi.org/10.5771/9783214164997-301

has been cited by the following article:

• TITLE: Survival Clause under the International Investment Treaty Reform: Challenge and Response

  AUTHORS: Zhe Wang

  KEYWORDS: Survival Clause, VCLT, Unilateral Termination, Mutual Termination

  JOURNAL NAME: Beijing Law Review, Vol.14 No.4, December 5, 2023

  ABSTRACT: The survival clause plays a key role in the reform of international investment treaties because it concerns the transition between old and new treaties. The legislative purpose of the survival clause is to provide investors with survival protection and prevent investors’ interests from being affected by sudden changes in policy and investment environment, so as to ensure the stability of investment protection and legal certainty. Over the past decade, many investment treaties have faced termination or been effectively terminated. However, the current rules and practices of survival clauses lack the certainty and consistency, which has caused certain obstacles to the reform of international investment law. Therefore, to study and improve the text of the survival clause will help China to make favorable policy choices on the issue of survival clauses and contribute to the reform of China’s investment treaties.