IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
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PE 703.592
sunset clauses.
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Eo ipso
, concluded Bilateral Investment Treaties include such clauses.
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Sunset clauses
are recorded in most cases to regulate two occasions. First, the duration of the treaty between the
Signatory Parties, and second, the duration of some or all effects of the treaty beyond the termination.
To exemplify this, the recent BIT between the
EU and Singapore, which was reached in 2019, includes
two sectional sunset clauses. The first is a six-month sunset clause, which is activated once one of the
Parties notify in writing the other party of its intention to terminate this Agreement.
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Then a second
sectional sunset clause, with a 20-year duration, extends the force of the agreement for investments
already made.
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In particular Article 4.17 prescribes that ‘ In the event that this Agreement is terminated
pursuant to Article 4.16 (Duration), this Agreement shall continue to be effective for a further period of
twenty years from that date in respect of covered investments made before
the date of termination of
the present Agreement. This article shall not apply in the case of the termination of provisional
application of this Agreement and this Agreement does not enter into force.’
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While initiatives to form multilateral investment treaties have not received widespread support from
national governments,
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sunset clauses are included in several drafts. Remarkably, the Draft
Convention on the Protection of Private Property, an early OECD initiative includes a 15-year sunset
clause.
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Likewise, the most recent initiative from the OECD, the Multilateral Agreement on Investment
(MAI) includes a 15- year sunset clause in its final provisions.
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But
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