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September 10, 2025National Law School Business Law Review

Operation and Termination of Sunset Clauses in Bilateral Investment Treaties

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CAClaudia Annacker

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Overview

Exploration of sunset clauses in BIT terminations reveals legal complexities and State practices.

Key Points

  • Sunset clauses extend protections after BIT termination, affecting pending arbitrations.
  • Emerging jurisprudence highlights challenges of applying sunset clauses in mutually agreed terminations.
  • States have actively renegotiated BITs to address uncertainties arising from sunset clause effects.
  • Legal principles may restrict immediate revocation of sunset clauses, impacting treaty enforcement.

Cite This Study

Claudia Annacker (2023) studied this question.

synapsesocial.com/papers/68c1e17854b1d3bfb60fefe2https://doi.org/10.55496/smee8413
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