Abstract

Indonesia is in the process of discontinuing its old Bilateral Investment Treaties (BITs) by letting them lapse, with a view of renegotiating new and better ones. This is mainly because the old ones were concluded when the investment policy landscape was very different. Nevertheless, this discontinuation has raised considerable concerns among foreign investors, as some of them may not be covered by International Investment Agreements (IIAs). Meanwhile, these protections can be decisive for them to invest in developing countries perceived to have a less developed Rule of Law, such as ...