Sunset Clauses in International Law and their Consequences for EU Law
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the consent of the Parties is a necessary condition, which is easier to achieve in bilateral treaties than
in multilateral treaties.
What is the legal effect of the mutual termination of an investment agreement? In
case an investor
brings a claim based on the terminated BITs before an investment tribunal, it
is expected that the
tribunal would lack jurisdiction. At this point, it is significant to clarify however, that in the
case of
mutual termination, cases that have already started before arbitration tribunals are not affected.
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For more analysis on the difference between reaching consent in bilateral treaties and reaching consent in multilateral
treaties see Part 6.4.
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See Nottebohm Case (Lichtenstein v Guatemala) (Preliminary Objection) [1953] ICJ Rep 111; Electricity Company of Sofia
and Bulgaria Case (Belgium v Bulgaria) (Preliminary Objection) [1939] PCIJ Series A/B. 77.
IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
42
PE 703.592
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