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Report No. 260

E. Article 23: Entry into Force

(i) Analysis and comment:

7.5 Article 23 could be clarified to explain ratification. In Canada's Model BIT,110 ratification means the written notification of "the completion of the procedures required in [the parties'] territory". Others also refer to complying with internal,111 legal (India-Nepal BIT), or constitutional112 requirements.

110 Agreement Between Canada and (...) for the Promotion and Protection of Investments, Article 52(2).

111 Colombian Model August 2007, Article XIII(1).

112 Draft Agreement Between the Government of the Republic of France and the Government of the Republic of (...) on the Reciprocal Promotion and Protection of Investments, Article 11.



Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty Back




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