On May 5, 2020, the European Commission (Commission) announced that 23 of the 27 member states of the European Union (EU) signed the Agreement for the Termination of Bilateral Investment Treaties [("BITs")] between the Member States of the European Union (the Treaty). If the
Trade and Investment
Since 2015, Brazil has concluded more than a dozen Cooperation and Facilitation Investment Agreements (CFIAs), in a radical departure from Brazil's earlier policy to remain out of the network of investment treaties. These CFIAs include a novel system, encompassing mechanisms for preventing and settling disputes, which differs strikingly from traditional investor-state arbitration available under most bilateral investment treaties.
Preventing or managing a global pandemic such as COVID-19 requires states to strictly comply with the World Health Organization's International Health Regulations 2005 (IHRs). However, like many multilateral environment agreements, the IHRs lack a strong dispute resolution mechanism to enhance state compliance. To bridge that gap, states have incorporated several environmental conventions into free trade agreements (FTAs) over the past fifteen years.