Introduction

The new U.S. 2004 model BIT (Pakistan, Uruguay) and the investment provisions of the Chile FTA, Singapore FTA and CAFTA, among many, all reflect this dichotomy between protecting foreign investors and minimising the risks when the U.S. is the respondent government. The U.S. government, as your message suggests, is in a very difficult position here, with pressure from some in Congress and many NGOs to seriously weaken foreign investment provisions. The business community is of course arguing in the other direction, and many in the U.S. government continue to recognize the need for ...