La Prise en Compte de L'interet General et des Imperatifs de Development Dans le Droit des Investissements
Article from: TDM 1 (2008), in UNCTAD Expert Meeting on Development Implications of International Investment Rule Making
Does current investment law protect the interests of State, development, prosperity and how?
To this question, Dr Walid BEN HAMIDA tries to provide an answer in his presentation before the UNCTAD Expert Meeting on Development Implications of International Investment Rule Making in Geneva (28-29 JUNE 2007). Dr BEN HAMIDA makes a distinction between two state protection approaches: treaty practice protection and jurisprudential protection. First, he describes how development dimension is being dealt with in the treaty practice. Dr Ben Hamida analyses the use of exceptions, reservations, mentions to development in the BIT/MIT practice. Second, he addresses ...