Aufhebungen und Abänderungen von Investitionsschutzabkommen

Bilateral investment treaties (BITs) are international treaties concluded between two states in order to protect foreign investors in both states. Often, BITs contain so-called survival clauses (also sunset clauses) that stabilise the protection of investors by extending it by 10, 15 or even 20 years after a state has terminated a treaty. Survival clauses do not explicitly include or exclude cases of mutual termination, which is what this study focuses on. It has implications for fundamental problems relating to the current international law on treaties. How is the relationship between the freedom of states and the protection of individuals to be characterised? Do investors benefit from an especially elevated level of protection? Are there alternative ways to terminate or amend a BIT?