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The Importance of Reciprocal Investment Protection

The Greater Caribbean This Week

Luis Noriega

The Heads of State and/or Government of the Association of Caribbean States (ACS), during the Panama Summit held in July of this year, recognised in its Declaration, “the importance of having a Framework Agreement for the Promotion and Reciprocal Protection of Investments among ACS Members, an instrument that will help to promote, protect and confer legal certainty on investments …”

In that regard, a mandate has been issued for an Investment Working Group to be formed and it must establish its own negotiating guidelines and commence the process, so that a Framework Agreement could be signed within the Association of Caribbean States.

With co-operation from the Government of the United Mexican States, the ACS recently carried out one of the first activities in preparing the negotiations for the aforementioned Framework Agreement, specifically, the “ Training Seminar on Negotiating Investment Agreements in the Region of the Association of Caribbean States”. This seminar was designed to enhance knowledge on international investment protection agreements and allowed experiences and ideas to be shared and exchanged between the presenters and participants. The seminar has also provided the participants with the best negotiating tools for creating new generation agreements on investment promotion and protection.

 


The substantive part of the aforementioned seminar included definitions that outline the scope of an agreement of this nature and allow an understanding of levels of protection and legal certainty for investors through different disciplines and standards. The procedural part of the seminar covered the basic requirements of an international new generation agreement that extends beyond the scope of the agreements signed several years ago.

ACS Members share grand expectations for this negotiation, since a multilateral Agreement at this level would be the only of its kind in the world, but most of all, it represents a highly valuable instrument for the region. The current reality is that countries have mainly negotiated such agreements at the bilateral level and in some cases at the multilateral level.

Signing an Agreement in the Greater Caribbean would allow consensus levels to be reached where minimum rules would be applied for all Members of the Association of Caribbean States and legal certainty would, on one hand, help improve investment levels among countries and more specifically, investors can have mechanisms for settling differences with the States where investments are made, which significantly strengthens and improves economic relations among States. The range and definitions that form part of the rules of this type of agreement contain aspects pertaining to investment treatment and protection through National Treatment, Most Favoured Nation Treatment, minimum standard treatment, expropriation and forms of compensation, exceptions, just to name a few.

For the Association of Caribbean States, the signing of a Framework Agreement for the Promotion and Reciprocal Protection of Investments, is an instrument of great support for the mission entrusted to Member States and Associate Members to promote, consolidate and strengthen the regional co-operation and integration process in the Caribbean in order to create an enhanced economic space that will help increase competitiveness in international markets and provide a timely and effective response to the challenges and opportunities presented by the globalisation of the world economy.


Mr. Luis Noriega is the Director of Trade of the Association of Caribbean States. The views expressed are not necessarily the official views of the ACS. Feedback can be sent to mail@acs-aec.org

December 8, 2005
 
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 COLUMNS

DATES

The Garifunas Integrating the Caribbean and Central America November 24, 2005
Questions of Scale: Surviving Nature in the GC November 17, 2005
Combatting the Fear of Migration November 10, 2005
Time is Running out for the Hong Kong Ministerial Meeting November 3, 2005
Historical Periods between Wars and Natural Disasters October 20, 2005
Measuring Tourism Sustainability October 12, 2005
Looking at the Berlin Wall from the War on Terrorism October 5, 2005
TPO’s Serve Their Purpose September 20, 2005
THE NEW ORLEANS DISASTER. EVEN IN THAT IT’S CARIBBEAN September 13, 2005
NO BLISS September 7, 2005
CLIMATE CHANGE AND TOURISM August 23, 2005
NEW HOPES IN THE WTO August 16, 2005
THE VIEW FROM THE TOP August 10, 2005
EDUCATION FOR RACIAL CO-EXISTENCE July 28, 2005
THE ACS TOWARD THE SUMMIT 26 July, 2005
DON'T FOLLOW THE LIZARDS 18 July, 2005
NO OBITUARIES PLEASE 11 July, 2005
PARLIAMENTARIANS AND TRADE REGULATIONS 04 July, 2005
NATURE HAS NO HISTORY 27 June, 2005
HOW MUCH IS TOO MUCH? 21 June, 2005
DEVELOPMENT, DEMOCRACY AND POLITICS 14 June, 2005
EUROPE AND THE GREATER CARIBBEAN 03 June, 2005
CULTURE OF PEACE BETWEEN DOMINICANS AND HAITIANS 31 May, 2005
TOUGH TIMES FOR THE BANANA INDUSTRY 24 May, 2005
CITIZENSHIP AND DEMOCRATIC DEFICIT 16 May, 2005
KEEPING THE RIGHT BALANCE 10 May, 2005

PRAISES FOR CARIBBEAN ART DURING THE TEN YEARS OF THE ACS

03 May, 2005
HAITI VISITED BY PEACE 20 April, 2005
NO INTEGRATION A LA CARTE 05 April, 2005
THE CARIBBEAN THEY LEFT US IS NOT THE ONE WE WANT 29 March, 2005
THE CHALLENGE OF CUSTOMS MODERNISATION AND FACILITATION 22 March, 2005
TRANSPORT IN THE GREATER CARIBBEAN 15 March, 2005
REGIONAL LEADERSHIP MAKES INTEGRATION POSSIBLE 08 March, 2005
MULTILATERALISM AND REGIONALISM IN THE 21 ST CENTURY: MAXIMISING POTENTIALS 02 March, 2005
GOVERNANCE, INTEGRATION AND SECURITY 23 February, 2005
ANNOUNCING A GREAT CATASTROPHE 15 February, 2005
INTEGRATION AND PEACE. CARIBBEAN GOALS 09 February, 2005
EXPLORING TOURIST PROTECTION 01 February, 2005
THE NEW GEOGRAPHY OF WORLD TRADE 25 January, 2005
A NEW INSTRUMENT FOR REGIONAL CO-OPERATION 17 January, 2005

THE UNCERTAINTY AND RISKS OF THE FUTURE

11 January, 2005
THE POOR SUSIDISE DEVELOPMENT 01 December, 2004
CREATION OF THE SUSTAINABLE TOURISM PROGRAMME INTEGRATION OF THE GREATER CARIBBEAN 23 November, 2004
THE RIO GROUP - A HISTORICE DATE WITH INTEGRATION 12 November, 2004
MOVING IN THE RIGHT DIRECTION TO IMPROVE TRADE AMONG THE COUNTRIES OF THE GREATER 09 November, 2004
THE GREATER CARIBBEAN, A SPACE IN
INTERNATIONAL CO-OPERATION
01 November, 2004
October 26, 2004
CHAGUARAMAS: FIRST WORKSHOP HELD ON THE APPLICATION OF TOURISM SUSTAINABILITY INDICATORS IN THE GREATER CARIBBEAN October 19, 2004
THE CARIBBEAN SEA INITIATIVE October 08, 2004
THE GONAIVES PACT October 01, 2004
TOOLS FOR LIFE September 27, 2004
HURRICANES ARE NATURAL AND DISASTERS ARE MAN-MADE September 20, 2004
G-3 IN THE GREATER CARIBBEAN September 13, 2004
E-COMMERCE AND BUSINESS OPPORTUNITIES FOR SMALL AND MEDIUM ENTERPRISES September 06, 2004
SUSTAINABILITY IN THE GREATER CARIBBEAN September 01, 2004
SUSTAINABLE TOURISM – A CALL FOR ACTION Aug 24, 2004
BUSINESS FORUMS: INSTRUMENT AIMED AT FACILITATING TRADE EXPANSION AMONG THE COUNTRIES OF THE CARIBBEAN Aug 11, 2004
ACS - PAST, PRESENT, FUTURE Aug 04, 2004
Bilateralism and Integration - The New Wave in World Trade July 14, 2004
Toward The Analysis of The Sustainable Touristic Destination of The Greater Caribbean June 18, 2004
The Latin American And Caribbean / European Union Summit: Multilateralism And Regionalism June 1, 2004
Caribbean Tourism Ministers Support Sustainability May 17, 2004
The Imminence of Intra-Caribbean Trade April 20, 2004
Tourism in the Greater Caribbean: Towards the Implementation of a Sustainable Tourism Zone April 13, 2004
Multilateralism and the ACS April 7, 2004
March 17, 2004
Historical Roots of the Haitian Crisis March 10, 2004
CAFTA: A Grey Area for Central America March 3, 2004
Four Challenging Years February 20, 2004
ACS Agreements Signed February 18, 2004
CAFTA: The Other Side of the Coin February 10, 2004
January 27, 2004
The Sustainable Tourism Zone of the Caribbean: Advances January 16, 2004
ACS Ministers Ponder Progress December 5, 2003
Mother Nature is not to be blamed November 27, 2003
Fast changing trade environment November 21, 2003
The Iberoamerican Summit and Multilateralism November 17, 2003
Caribbean Connections November 11, 2003
A Virtual Market for the Greater Caribbean November 3, 2003
Obstacles to Trade in the Greater Caribbean October 27, 2003
SIDS and Regional Cooperation in the Greater Caribbean October 17, 2003
TNC MEETING-A TALE OF TWO FTAAs October 10, 2003
Natural Barriers to Sustainable Development October 7, 2003
EXPECTATIONS CONFIRMED IN CANCUN October 2, 2003
REGIONAL CONFERENCE ON TOURIST SAFETY September 23, 2003
From Doha to Cancun September 16, 2003
PROTECTING HOMES AND HUMAN LIVES September 10, 2003

August 27, 2003

Trade negotiations and labour standards August 20, 2003
Wanted: Regional Tourism Security Network August 13, 2003
In Unity there is Strength August 6, 2003
Keeping the Right Balance July 30, 2003
Negotiating sustainable tourism July 23, 2003
ACS OKAYS TRANSPORT AGREEMENT July 14, 2003
ASSESSING THE CARICOM SUMMIT July 8, 2003
CARICOM’S GOVERNANCE: NO TIME FOR INACTION June 30, 2003
A NEW TWIST TO DIFFERENTIAL TREATMENT June 21, 2003
Adding Value to the Region June 18, 2003
Should BWIA and LIAT Merge? June 6, 2003
TRADE AND HUMAN DEVELOPMENT June 1, 2003
Making global trade work for people May 26, 2003
CAFTA: DISPUTE RESOLUTION, LABOUR AND THE ENVIRONMENT May 17, 2003
Convergence and Divergence in CAFTA May 12, 2003
UPDATE ON CAFTA May 5, 2003
Social Cohesion and the FTAA April 26, 2003
Missed deadlines April 19, 2003
Airline Integration: Biting the Bullet April 12, 2003
Regional Airlines in Crisis April 5, 2003
Economic collateral damage March 31, 2003
Multilateralism under stress March 24, 2003
In the shadow of war March 15, 2003
Euroregion in a Caribbean Space March 8, 2003
Pan-Caribbean Security System Needed
February 28, 2003
Crime and Caribbean Security (3): Cannabis Connections February 21, 2003

Crime and security (2): The Caribbean Corridors

February 15, 2003
Crime and Human Security in The Caribbean (1) February 7, 2003
Caricom's Mixed Fortunes In 2002 February 1, 2003
Cuba, Dominican Republic and Panama in 2002 January 27, 2003
Central America in 2002: coffee crisis; remittances to the rescue January 19, 2003
Tough Times in The Group of 3 January 10, 2003
The lost half decade in Latin America and the Caribbean January 3, 2003
2002: Crime and corruption top the political agenda December 27, 2002
From Nafta to Cafta December 20, 2002
Ibero-Americans Mull Secretariat December 13, 2002
Cuba, CARICOM Cement Ties December 9, 2002
ACS raises $1.1 Million December 3, 2002
ACS meets in Belize November 22,
Flood, Sweat and Tears November 15, 2002
Can Caribbean Tourism be Reinvented? November 11, 2002
Wilton Park Conference on Cuba November 1, 2002
Caribbean-Central America Trade October 26, 2002
Two Thirds Of Central Americans Favour Regional Integration October 21, 2002
Facilitating OCT Cooperation October 11, 2002
Europe's Remaining Dependencies October 4, 2002
Be Offensive in Services September 27, 2002
Services In The Island Caribbean: Neglect Them At Your Peril September 20, 2002
Caricom's Trade Negotiations: A Daunting Agenda September 13, 2002
Regional Cooperation in the Private Sector August 31, 2002
National Politics, Regional Economics August 23, 2002
Economic Contraction and Fiscal Crisis in the OECS August 16, 2002
South American Summit: A Strategic Opportunity August 9, 2002
Human Development in the Caribbean August 2, 2002
Problems with UNDP Governance Indicators July 26, 2002
Relaunch of Central American Integration July 19, 2002
The Caribbean Sea is special July 12, 2002
CARICOM and the ACS July 5, 2002

Treatment of Small Economies

June 28, 2002

Economic Performance in the Island Caribbean

June 21, 2002

Rum Talk

June 14, 2002
Multidimensional vs. Military Security June 7, 2002
EU-LAC Summit: Side Shows and Hidden Agendas May 27, 2002
US Farm subsidies will impact the Greater Caribbean May 17, 2002

Globalization not just Economics

May 10, 2002

Tourism must be Sustainable

May 2, 2002

Eu-lac Summit: Civil Society involvement

April 26, 2002
The EU and Central America: Conflicting Agendas April 19, 2002
Europe, Latin America and the Caribbean: a Fragmented Partnership April 12, 2002
Early warning for Natural Disasters April 5, 2002
Monterrey Summit: Promises, Promises? March 28, 2002
NAFTA Parity:Certain Restrictions Apply March 22, 2002
Private Sector Mobilises March 15, 2002
The Future is Here March 8, 2002
Humanising the FTAA March 1, 2002
US-Central America Free Trade Talks February 22, 2002
Carnival realising the potential February 12, 2002
Bridging Caricom and Central America February 6, 2002
Special and Differential Treatment and the WTO February 1, 2002
Protecting the Caribbean sea January 24, 2002
Thinking the unthinkable - nuclear shipments January 17, 2002
Caribbean airline cooperation - A $60 million question January 12, 2002
A matter of Freedom January 4, 2002
Towards the greater Caribbean zone of cooperation December 27, 2001
Opec funding and the ACS December 20, 2001
Consolidating the Greater Caribbean December 13, 2001
Meeting in Margarita December 7, 2001
Aids, Anthrax and the WTO November 29, 2001
The Dilemma of the DOHA: New Round or No? November 22, 2001
Rescuing Caribbean Tourism pt. 2 November 15, 2001
Rescuing Caribbean Tourism pt. 1 November 9, 2001
Business Co-operation and Caribbean Trade November 2, 2001
TRACKING THE FTAA October 26, 2001
FTAA: DOES SIZE MATTER?
October 18, 2001
WAR AND RUMOURS OF WAR
October 12, 2001
THE QUIET REVOLUTION:
CIVIL SOCIETY AND GLOBALISATION
October 4, 2001
DEVELOPMENT AS IF EQUITY MATTERED October 11, 2001
TERRORISM, TOURISM AND TRADE September 20, 2001
TOWARDS A COMMON POSITION ON SMALL ECONOMIES IN THE FTAA September 13, 2001

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