Implications for the Future of International Investment Law

Implications for the Future of International Investment Law

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This volume, the product of a symposium on “Transparency and Consistency in International Law: Is There a Need for a Review Mechanism?” held at Columbia University on April 4, 2006, addresses a unique emerging regime that is neither the product of a single multilateral treaty nor the subject of an overreaching international institution. The international rules governing foreign direct investment (FDI) do not arise from anything resembling the enormous multi-year trade rounds that produced the World Trade Organization (WTO) and its impressive post-Uruguay Round dispute settlement system. Unlike the rules governing trade in goods, the world’s FDI rules emerge instead from some 2,500 bilateral agreements as well as an increasing number of free trade agreements that contain investment guarantees, such as the North American Free Trade Agreement (NAFTA)’s Chapter 11. Even while WTO lawyers still debate the virtues of increased transparency—such as whether or when amici briefs from non-state entities ought to be considered by the WTO’s dispute settlers or whether the emerging WTO case law has indeed generated harmonious interpretations over time—the WTO still inspires the envy of investment lawyers.

Source Publication

Appeals Mechanism in International Investment Disputes

Source Editors/Authors

Karl P. Sauvant, Michael Chiswick-Patterson

Publication Date

2008

Implications for the Future of International Investment Law

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