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date: 04 December 2020

Abstract and Keywords

This article examines the current international regulation of foreign investment and discusses the previous attempts in the World Trade Organization (WTO) and under the auspices of the Organization for Economic Cooperation and Development to negotiate multilateral rules. It identifies the main lessons to be learned from the deliberations of the WTO Working Group on Trade and Investment. It then discusses possible future multilateral investment rules which would encompass not merely rights of investors and obligations on the part of host countries, but rather a more comprehensive ‘compact’ comprising pre- and post-establishment aspects of investment, as well as a number of supporting elements regarding the environment, good governance, labour standards and human rights, and the overall conduct of foreign investors. Furthermore, it offers suggestions for substantive elements and aspects of dispute settlement in addition to the Model International Investment Agreement for Sustainable Development draft.

Keywords: international regulation, World Trade Organization, Organization for Economic Cooperation and Development, WTO Working Group, multilateral investment rules, foreign investors

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