The Evolution of Substantive Investment Protections in Recent Trade and Investment Treaties

Inter-American Development Bank (IDB) & International Centre for Trade and Sustainable Development (ICTSD) - RTA Exchange Think Piece

22 Pages Posted: 7 Dec 2018 Last revised: 10 Apr 2020

See all articles by Catharine Titi

Catharine Titi

CNRS; University Paris II Panthéon-Assas

Date Written: November 7, 2018

Abstract

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this think piece explores substantive standards in recent treaty practice. It finds that new IIAs converge to a large extent with respect to their substantive standards. Old generation IIAs will probably remain dominant for some time as they represent the bulk of existing agreements. But there is a clear trend towards displacing them with the conclusion of new generation IIAs.

Keywords: International Investment Law, Substantive Investment Protection Standards, Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), Intra-Mercosur Investment Protocol, Pacer Plus, CETA, EU-Singapore Investment Protection Agreement

JEL Classification: F02, F13, F21, F53, K41, K39, K40, K10, K33, K49, K12, K19, K20, K29, H70, E22, H87, F50, F52

Suggested Citation

Titi, Catharine, The Evolution of Substantive Investment Protections in Recent Trade and Investment Treaties (November 7, 2018). Inter-American Development Bank (IDB) & International Centre for Trade and Sustainable Development (ICTSD) - RTA Exchange Think Piece, Available at SSRN: https://ssrn.com/abstract=3281574

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