Industrial Policy Measures and Sustainability in International Investment Agreements

RTA Exchange

4 Pages Posted: 17 Oct 2018

See all articles by Mark Feldman

Mark Feldman

Peking University School of Transnational Law

Date Written: September 21, 2018

Abstract

States now face two competing - and strengthening - influences with respect to industrial policy: heightened scrutiny of industrial policy measures and heightened expectations for achieving sustainable development. With increasing frequency, states are addressing and balancing those competing policy influences in international investment agreements (IIAs). By adopting a "WTO plus" approach to industrial policy measures in IIAs, states can provide detailed guidance on how IIA obligations should be applied to strategic industrial policy measures aimed at advancing economic development and how the policy goal of sustainability should affect that analysis.

Keywords: industrial policy, sustainability, investment agreements, FTAs, CETA, CPTPP, Pacific Alliance

JEL Classification: K33

Suggested Citation

Feldman, Mark, Industrial Policy Measures and Sustainability in International Investment Agreements (September 21, 2018). RTA Exchange. Available at SSRN: https://ssrn.com/abstract=3253447

Mark Feldman (Contact Author)

Peking University School of Transnational Law ( email )

China

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