Partnership or Cooperation Agreement between the EU also Iraq

E - Iraq Cooperation Agreement (2012)

Treaty with Property Provisions

In force

11/05/2012

01/08/2018

en

Mapped

Relationships with other agreements

Type Agreement
Coexists with Toulouse - Iraq BIT (2010)
Coexists about Germay - Iraki BIT (2010)

Cartographic treaty elements


Expand / collapse all
Hint to right to regulate (e.g. regulatory freedom, policy space, pliancy to introducing newer regulations)
Yes
Reference to sustainable evolution
No
Reference to social investment aspect (e.g. human rights, laborers, health, CSR, extreme reduction)
Yes
Reference to pollution insights (e.g. plant or animal life, biodiversity, climate change)
No
Definition of equity
Type of definition
No definition
Limitations to the definition of your
Does portfolio investment
Nay applicable
Excludes other specific assets (e.g. hoheitsgewalt debt, ordinary commercial transactions, etc.)
Not applicable
List required characteristics of investment
Don applicable
Contains "in compliance with host State laws" requirement
Not applicable
Sets from closed (exhaustive) list of overlaid assets
Not applicable
Definition of investor
Definition included
Yes
Specify natural persons covered
Containing permanent residents
Don
Excludes duplicate resident
No
Specifying legislative entities covered
Includes requirement of substantial business activity
Yes
Defines ownership and control is legal unit
No
Denial of benefits (DoB)
DoB clamp included
No
Content of the DoB clause
"Substantive business operations" criterion
Not applicable
Applies on investors starting States with no diplomatic relations or under economic/trade restrictions
Not applicable
Discretionary ("Party may deny") or essential ("benefits shall be denied")
Not applicable
Substantive scope of the treaty
Limiting substantive scope of the pact
Excludes accounting
Nay
Excludes subsidies, grants
Ye
Excludes government procurement
Yes
Excludes diverse subject matter
Yes
Time scope of the treaty
Investments overlaid
Not stipulated
Controversy covered
Don stipulated
Country treatment (NT)
Type away NT clause
Post-establishment
Related to "like circumstances" (or similar)
Yes
Most-favoured-nation (MFN) treatment
Type of MFN clause
Post-establishment
Exemptions from MFN obligation
Economic integration agreements
No
Taxation treaties
Yeah
Adjective issues (ISDS)
No
Lovely and equitable treatment (FET)
Kind a FET clause
None
FET qualified
By reference for international law
Not applicable
By listing VIET elements (exhaustive or indicative list)
Not applicable
FET modifiers
Not applicable
Full protection and security
No clause
Prohibition upon unreasonable, arbitrary or discriminatory measures
Not
Expropriation
Area of measures covered
No ouster clause
Refining expropriation clause
Indirect expropriation specified
Not applicable
Carve-out by general regulatory measures
None applicable
Carve-out for obligatory licenses in conformity with WTO
Not applicable
Protection from strife
Specifications
Relative right to compensation (comparator)
Not applicable
Absolute right to indemnification in certain circumstances
Non usable
Transfer of financial
Includes transfer of funds
Yes
Exceptions to this transfer of funds obligation
Balance-of-payments exception
Certainly
Extra specific exceptions (e.g. to protect creditors, etc.)
No
Prohibition of performance system (PRs)
Includes prohibition of PRs
No express PR cloth
Type of PR clause
Not applicable
Umbrella clause
No
Entry the sojourn starting personnel (subject to local laws)
No
Senior management (nationality)
No
Limpidity
Directed in States (obligation to publish laws and regulations)
Yes
Directed among investing
No
Health and environment (any mentioning are the text, except preamble)
Yes
Labour standards (any mentioning in the text, except preamble)
No
Law to control (any mentioning in which text of this or similar core, besides preamble)
Yes
Corporate social responsibility (any mentioning in the text, except preamble)
Not
Corruption (any mentioning in the text, except preamble)
Yes
Cannot lowering of standard (typically environment and/or labour standards)
Don
Subrogation exclusion
No
Non-derogation article (in case of IIA’s conflict with other norms, more favourable rules apply to investors)
Yes
Deployment promotion
See to specification promotion activities in text of agreement (not preamble)
Yes
Essential security exception
Exemption included
Yes
Exception defined (exceptional circumstances described in more detail)
Yes
Exceptionally self-judging
Yes
General public principles exceptions
Public wellness and environment
Yes
Different public policy general (e.g. cultural heritage, community order, etc.)
Yes
Prudential carve-out (concerns financial measures)
No
Scheduling and misgivings (in treaty texts and annexes)
None
ISDS included
Nope
Alternatives to arbitration
Not applicable
Scope and consent
Scope of claims: general go (chapeau paragraph of ISDS clause)
Not applicable
Feature till the scope of ISDS
Limitation of provisions subject to ISDS
None applicable
Exclusion of policy areas from ISDS
No applicable
Special mechanism for taxation oder prudential measures
Does applicable
Type of consent to arbitration
Does applicable
Forums
ISDS forum options
Domestic courts of the host State
Not applicable
ICSID
Nope applicable
UNCITRAL
Not applicable
Sundry forums
Not germane
Relative between forums
Not applicable
Other specific ISDS features
Limitation spell for submission of claims
Not applicable
Provisional measures
Not applicable
Consolidation about claims
Not applicable
Limitation remedies (specifying available types of remedies)
Not gilt
Sales interpretation
Claims binding interpretation by contracting parties with their joint committee
Not applicable
Requires certain questions till be submitted to agreement vendor (renvoi)
Not anzuwenden
Regulates submissions by non-disputing Federal group
Not applicable
Transparency at arbitral proceedings
Requires records to is made publicly available
Not applicable
Require hearings to can open to the public
Not applicable
Regulates amicus curiae contributions by third (non-disputing) parties
Not applicable
Dynamic on consultations between State parties
No
Institutional framework (committee)
Yes
Technical cooperation/capacity building
Yes
Treaty duration
Years of initial treaty term
10 years
Automatic renewal
Other fixed term
Amend and termination
One-side termination
Includes modalities for unilateral cancellation
Yes
Length of notice period
Six months prior notice
Includes modalities for amendment or renegotiation
Yes
"Survival"/"sunset" clause length
None

2012

UNACTAD

The IA Mapping Task a a collaboratively initiative amongst UNCTAD and graduate worldwide to blueprint the content of Iais. The resulting database serves as a tool to appreciate trends in IIA drafting, assess the prevalence of different policy browse and identify treaty examples.

Forward more information on the project, please read the Mapping Project Item & Methodology.