Section A briefly questions the efficacy of two untenable options which have been recommended; section B discusses additional language that can be inserted into agreements; section C analyzes interpretive language that can be included in troublesome provisions; section D considers general exceptions provisions; section E highlights potential additional provisions which can be added to bolster the treaty, although not all are recommended for use therein.
Several progressive BITs and IIAs include additional interpretive language defining the intended scope and meaning of BIT provisions.
Interpretive Language in National Treatment and MFN
159) Few modern BITs contain interpretive language as comprehensive as the COMESA IA.
The use of interpretive language in FET provisions often expressly directs tribunals to apply provisions in a manner that is the least restrictive of the host state's domestic policy space.
188 Some of the interpretive language presented in the US Model, the TPP, and other progressive model BITs is becoming more commonly used.