Les clauses de survie (sunset clauses)

Investment treaties frequently contain provisions to the effect that, once the treaty has expired, all or some of its provisions will continue to protect investments made while the treaty was in force. The many termination of many investment treaties has shed a light on the potential effect of these...

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Dettagli Bibliografici
Autore principale: Cazala, Julien
Natura: Article ou chapitre numérique
Lingua:Français
Pubblicazione: 2025
Soggetti:
Accesso online:Accès Université d'Orléans et IFPM
Accès Université d'Orléans et IFPM
Descrizione
Riassunto:Investment treaties frequently contain provisions to the effect that, once the treaty has expired, all or some of its provisions will continue to protect investments made while the treaty was in force. The many termination of many investment treaties has shed a light on the potential effect of these sunset clauses. Despite the generalization of sunset clauses in bilateral investment treaties, the regime applicable is the subject of much controversy. Case law is not always consistent on this issue and the growing number of terminations of investment treaties (notably the intra-EU bilateral investment treaties) announces a growing concern for the operation of sunset clauses. The purpose of this article is to identify the difficulties to which sunset clauses can give rise, and to emphasize that it would be highly desirable for States parties to investment treaties to provide greater precision in the way these clauses are drafted. This should make it possible to specify the scope and effects of these clauses while providing the necessary guarantees as regards the various attempts at neutralising them.