Sharpe, Protections for Nonprofit Organizations in US International Investment Agreements

For more than a century, US commercial and investment treaties have extended protections to nonprofit organizations. More recent US investment agreements, however, identify the ‘expectation of gain or profit’ as one of the characteristics of a covered ‘investment’. Despite this change, the US government’s policy and practice toward nonprofit organizations apparently has not changed in this regard. Further, US practice has now spread to many countries around the world through international investment agreements (IIAs) among third states. It remains to be seen, however, whether nonprofit organizations will recognize and utilize these investment protections.