Keeping ‘Development’ in a Multilateral Framework on Investment Facilitation for Development

Journal of World Investment & Trade, vol. 22 (2021), issue 1 (Feb. 2021), pp. 41-91

49 Pages Posted: 12 May 2021

See all articles by Evan Gabor

Evan Gabor

Columbia University - Law School

Date Written: July 7, 2020

Abstract

In December 2019, WTO Members agreed that the Structured Discussions on Investment Facilitation for Development would move into a negotiating mode, previously set to begin in March 2020. Their goal is to have a concrete outcome by the WTO’s 2021 Ministerial Conference. These negotiations are an important step towards creating a multilateral framework on a specific, technical area of foreign investment — investment facilitation. This paper seeks to do two things: (1) to provide a comprehensive analysis of a potential framework by chronicling the genesis of the idea for such a framework and the discussions, discussing competing views on an IFF and outlining the principal elements a framework; and (2) to argue that a framework should include provisions focused on facilitating sustainable investment for sustainable development. To that end, it advances suggestions for promoting sustainable investment and introduces a provision, the Recognized Sustainable Investor, that could be included in the framework to incentivize international investors to invest sustainably.

Suggested Citation

Gabor, Evan, Keeping ‘Development’ in a Multilateral Framework on Investment Facilitation for Development (July 7, 2020). Journal of World Investment & Trade, vol. 22 (2021), issue 1 (Feb. 2021), pp. 41-91, Available at SSRN: https://ssrn.com/abstract=3842713 or http://dx.doi.org/10.2139/ssrn.3842713

Evan Gabor (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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