Bilateral Investment Treaty Overview — Argentina

Abstract

An analysis of the provisions included in the different BITs shows that, in negotiations with important capital exporting countries, there was generally a prevalence of provisions proposed by the capital exporting counterpart. This was shown by the prevalence in the Argentine BITs of provisions included in the Model BITs of the capital exporting counterparts. In negotiations with capital importing countries it appeared that the Argentine negotiators had more influence in the negotiation of the provisions. In general terms, the content of the BITs did not really change during the years, they had the features of the BITs that prevailed in the 1980s and early1990s, and it was not possible to detect an evolution towards more sophisticated BITs. This was perhaps in part due to the fact that the BIT treaty program abruptly ended in 2001.