Sovereignty, National Interest & Security and the BITs of Bangladesh and the Netherlands

What is it about?

In absence of any global treaty, the bilateral investment treaties are playing the important role in regulating foreign investments in the host countries. The primary purpose of economic globalization is the economic development of the developing and least-developed countries as well as to facilitate benefits of the home states. Bangladesh and the Netherlands also signed bilateral investment treaties to facilitate trade. Bangladesh foreign investment laws and bilateral investment treaties mainly protect foreign investors; however, neither include any specific provisions of protecting sovereignty, national interest, and security. The Netherlands generally follows EU foreign investment policies. This paper addresses two questions: (a) do the bilateral investment treaties of Bangladesh and the Netherlands include any specific provisions to protect the sovereignty, national interest, and security, and (b) should the sovereignty, national interest, and security be considered during the entry of foreign direct investment in Bangladesh and the Netherlands? Using doctrinal research method, a total of 25 bilateral investment treaties have been analysed in order to explore whether they protect the sovereignty, national interest, and security of Bangladesh and the Netherlands. Based on the findings, this study will recommend that the government of Bangladesh should consider this important factor as an entry condition, either through amending the existing laws or through the bilateral investment treaties.

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Photo by Kashif Afridi on Unsplash

Photo by Kashif Afridi on Unsplash

Why is it important?

This research is may be the only article published on the subject matter, which discusses the Sovereignty, National Interest & Security and the Bilateral Investment Treaties of Bangladesh and the Netherlands

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