Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- Foreword
- Table of cases
- Table of Treaties and International Agreements
- Table of abbreviations
- Part I Introduction
- Part II Economics and politics of PTAs
- Part III Relationship with WTO and international law
- Part IV Legal aspects of PTAs: A comparative analysis
- 7 Agriculture
- 8 Services
- 9 Investment
- 10 Government procurement
- 11 Intellectual property
- 12 Social issues: Labour, environment and human rights
- 13 Dispute settlement
- Index
- References
9 - Investment
Published online by Cambridge University Press: 16 December 2009
Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- Foreword
- Table of cases
- Table of Treaties and International Agreements
- Table of abbreviations
- Part I Introduction
- Part II Economics and politics of PTAs
- Part III Relationship with WTO and international law
- Part IV Legal aspects of PTAs: A comparative analysis
- 7 Agriculture
- 8 Services
- 9 Investment
- 10 Government procurement
- 11 Intellectual property
- 12 Social issues: Labour, environment and human rights
- 13 Dispute settlement
- Index
- References
Summary
Introduction
This chapter addresses the legal and policy issues arising out of Bilateral and Regional Free Trade Agreement (FTA) Investment Chapters.
Part II commences with an examination of the history of treaty-based legal protections for foreign investment. This Part traces the evolution of investment provisions, from Treaties of Friendship, Navigation and Commerce (FNC), through to Bilateral Investment Treaties (BITs), and their most recent incorporation into Investment Chapters in Free Trade Agreements (FTAs).
Part III considers how the different definition of phrases such as ‘investor’ and ‘investment’ determine the scope of FTA Investment Chapters. This Part therefore inquires into who the investment chapter applies to, and what will constitute an investment for the purpose of the chapter.
Part IV continues the analysis of States’ commitments in the FTA Investment Chapter, but with a focus on their substantive commitments.
Part V focuses on investor-state dispute settlement (ISDS) provisions in FTA investment chapters and outlines the main elements and differences between the ISDS provisions in different FTA Investment Chapters. It also explains how these ISDS provisions use, and rely on, the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and the International Centre for Settlement of Investment Disputes (ICSID) Convention, Regulations and Rules (‘ICSID Convention’).
Part VI outlines the different architectures of FTA Investment Chapters, with a focus on whether States schedule their market access commitments in the form of either a positive or negative list.
- Type
- Chapter
- Information
- Bilateral and Regional Trade AgreementsCommentary and Analysis, pp. 215 - 273Publisher: Cambridge University PressPrint publication year: 2009
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