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International economic relations are governed by two bodies of international law. Trade in goods and services is the domain of international trade law, embodied in the WTO agreements. Foreign investment is governed by international investment law, consisting of a vast network of investment agreements, including bilateral investment treaties (BITs) and preferential trade agreements (PTAs). These two different fields of international law share a large area of overlap: foreign investment in services, around 55% of all global direct investment, is covered by both investment agreements and the WTO General Agreement on Trade in Services (GATS). Since the rights and obligations featured in the two frameworks are not always compatible, this legal overlap reduces transparency and undermines governments' regulatory capacity in an unanticipated manner. This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS--P. [4] of cover.
This book addresses the complex legal interplay between international trade law and international investment law, particularly concerning foreign investment in services. It examines how the World Trade Organization's General Agreement on Trade in Services (GATS) and the extensive network of investment agreements, such as Bilateral Investment Treaties (BITs), both govern foreign investment in services, which constitutes a significant portion of global direct investment. The author highlights the potential for conflicts and incompatibilities between these two legal frameworks, leading to reduced transparency and unintended constraints on governmental regulatory powers. This work aims to provide a comprehensive comparison of the principles, rules, and dispute settlement mechanisms within both investment and trade law.
The book is presented as the first to jointly tackle investment law and trade law, focusing on the significant overlap concerning foreign investment in services. It aims to clarify the complex interactions between these two bodies of international law and their impact on governmental regulation. The work is positioned as a comparative analysis of the principles, rules, and dispute settlement mechanisms of investment agreements against the WTO/GATS framework. Its approach suggests a detailed, legalistic examination for professionals and academics in international economic law.
Page Count:
311
Publication Date:
2012-01-01
ISBN-10:
9041138277
ISBN-13:
9789041138279
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