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date: 18 January 2021

Abstract and Keywords

This article outlines the major legal and policy issues that the development of rights to admission and establishment raise under international law. It begins with an assessment of the meaning of the terms ‘admission’ and ‘establishment’ as well as the related term ‘market access’. It goes on to consider various interests of the host country and the investor that inform the development of legal responses in this field. It continues with a review of the major trends in admission and establishment provisions in national laws and in international investment agreements. As regards the international dimension, this article relies to a great extent on the significant work done in this regard by United Nations Conference on Trade and Development and seeks to update that work in the light of more recent developments. Finally, by way of conclusion, it seeks to relate the foregoing discussion to some wider policy issues.

Keywords: policy issues, international law, host country, investor, national laws, international investment agreements

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