The Growing Tendency of Including Investment Chapters Into PTAs

F. Amtenbrink et al. (eds.), Netherlands Yearbook of International Law 2017 (vol. 48) (Pre-print Version)

42 Pages Posted: 20 Sep 2019

See all articles by Maxim Usynin

Maxim Usynin

University of Copenhagen - Centre for Private Governance (CEPRI)

Szilárd Gáspár Szilágyi

University of Oslo; European Investment Law and Arbitration Review

Date Written: January 4, 2018

Abstract

In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, based on an empirical analysis of 158 post-North American Free Trade Agreement (NAFTA) PTAs, we conclude that three categories of countries/regional economic integration organisations (REIOs) exist: those that regularly include investment chapters into their PTAs (Japan, the United States, Canada, the Association of Southeast Asian Nations (ASEAN), Australia and the Caribbean Community (CARICOM)), those that are finding their voice in international investment law and increasingly include such chapters (India, China, the European Union and Chile) and those that have an adverse position towards it (Brazil and the Southern Common Market (MERCOSUR)) or defer the inclusion of such provisions to further negotiations (African Plurilateralism, Morocco and South Africa). Second, we look at the drivers behind including/ excluding investment protection provisions in/from PTAs. Some drivers will be readily apparent from the data collected for the purpose of answering the first question, while other drivers will need a more detailed discussion. These drivers are: (a) the weaker party accepts/uses templates of more powerful states; (b) states/REIOs wish to pursue more comprehensive and resource-friendly negotiations; (c) states/REIOs want to achieve a more coherent application of international economic law.

Keywords: Preferential Trade Agreements, Investment Chapters, ISDS, Global and Regional Trends, Drivers, Coherency, PTATemplates

Suggested Citation

Usynin, Maxim and Gáspár Szilágyi, Szilárd, The Growing Tendency of Including Investment Chapters Into PTAs (January 4, 2018). F. Amtenbrink et al. (eds.), Netherlands Yearbook of International Law 2017 (vol. 48) (Pre-print Version), Available at SSRN: https://ssrn.com/abstract=3456854

Maxim Usynin (Contact Author)

University of Copenhagen - Centre for Private Governance (CEPRI) ( email )

Karen Blixens Vej 16
Copenhagen, 2300
Denmark
+45 35 33 40 03 (Phone)

HOME PAGE: http://https://jura.ku.dk/privategovernance/english/staff/?pure=en/persons/575484

Szilárd Gáspár Szilágyi

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

European Investment Law and Arbitration Review ( email )

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