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These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs). This might reflect, as they argued, some sort of recognition that the EU Member States ‘need flexibility when negotiating ISDS’ under extra-EU BITs.
According to UNCTAD, no model agreements were released in 2024. The Claimant had argued that the failure of Romania to adopt a Draft Law that was prepared following negotiations of the parties violated the BITs. Nine IIAs currently have publicly available texts. Two are currently in force.
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