best_practices_registration_requirements_fr-7bcc062472ef0eb8.pdf

This guide by the International Institute for Sustainable Development (IISD) analyzes the use of registration and approval requirements in investment treaties to limit their scope of application. It examines how these criteria are used by states to control the quality of investments and limit exposure to international arbitration, providing a comparative analysis of regional agreements (ASEAN, COMESA) and bilateral investment treaties (BITs), alongside an analysis of arbitral awards that have interpreted these provisions.

• States use registration or approval requirements in investment treaties as strategic tools to limit the scope of application, allowing them to exercise qualitative control over which investments are encouraged and protected, and thereby reducing their exposure to international arbitration.
• The ASEAN Comprehensive Investment Agreement (ACIA) 2009 links approval requirements to national laws and policies, establishing specific procedural safeguards for investors, such as requiring the state to notify applicants of incomplete requests within one month and provide a decision on complete requests within four months.
• The COMESA Investment Agreement establishes a registration system specifically for the agreement that is independent of national law, though the document notes that as of January 2013, the required list of national authority contact points (Annex B) had not been completed.
• Arbitral tribunals have demonstrated that clearly stated approval criteria can successfully protect a state from arbitration. In the Yaung Chi Oo and Gruslin cases, tribunals ruled in favor of the host states because the investments did not meet the specific written approval or 'approved project' requirements of the treaties.
• The Desert Line Projects LLC v. Yemen case highlights that vague references to a 'certificate' without a defined process or issuing authority may be insufficient to block a claim, especially if the state's conduct suggests the investment was accepted.
• To ensure registration or approval clauses are effective, the guide recommends that states clearly specify in the treaty that such requirements are indispensable for coverage and provide transparent, clear procedures, either by linking them to national institutions or creating independent contact points.

APA

International Institute for Sustainable Development (n.d.). best_practices_registration_requirements_fr-7bcc062472ef0eb8.pdf. https://www.iisd.org/system/files/publications/best_practices_registration_requirements_fr.pdf

Chicago

International Institute for Sustainable Development. best_practices_registration_requirements_fr-7bcc062472ef0eb8.pdf. n.d. https://www.iisd.org/system/files/publications/best_practices_registration_requirements_fr.pdf.

Wikipedia

{{cite report |author=International Institute for Sustainable Development |title=best_practices_registration_requirements_fr-7bcc062472ef0eb8.pdf |url=https://www.iisd.org/system/files/publications/best_practices_registration_requirements_fr.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{internationalinstituteforsustainabledevelopmentndbestpracticesregistrationrequirementsfr7bcc062472ef0eb8pdf, author = {{International Institute for Sustainable Development}}, title = {{best\_practices\_registration\_requirements\_fr-7bcc062472ef0eb8.pdf}}, institution = {International Institute for Sustainable Development}, url = {https://www.iisd.org/system/files/publications/best_practices_registration_requirements_fr.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }