Trade Agreement Overload: Will the Roof Collapse under Investment Protection?

PluriCourts seminar with postdoctoral researcher Szilárd Gáspár-Szilágyi presenting a paper commissioned by the Netherlands Yearbook of International Law, co-authored with Maksim Usynin.

The practice of including investment chapters into PTAs has recently picked up in so called mega-regional Preferential Trade and Investment Agreements (PTIAs). The purpose of this article is threefold.

First, we engage in an empirical analysis of over 150 post-NAFTA PTAs from ‘all four corners’ of the Earth in order to ascertain how common it is to include trade and investment provisions in the same agreement.

Second, we look at the possible reasons behind the decision of states or regional economic integrations organizations (REIOs) to include or not investment chapters in their PTAs.

The third question is dedicated to the consequences of combining trade and investment under one treaty ‘roof’.

 

---

 

PluriCourt Seminars are a forum for pluridisciplinary discussion of core issues relating to international courts and tribunals. PluriCourts scholars or invited speakers present new and ongoing research or comment on current questions. The seminars are open to everyone.

Tags: Trade, Investment
Published Feb. 22, 2017 10:44 AM - Last modified Mar. 7, 2017 11:39 AM