- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
Against the background of globalization, the evolution of international trade and investment law, not surprisingly, largely mirrors the evolution of other branches of state practice, including its seemingly inexorable tendency towards greater integration, moving from bilateral treaty practice towards regional and multilateral arrangements of shared common principles, objectives, standards, and disciplines. It is appropriate to take stock of the current situation of intersections and interactions between international trade and investment law, at different levels of integration. This article, therefore, seeks first to trace the history, and to provide a summary survey, of the ongoing parallel evolution of bilateral and plurilateral approaches to investment and trade; it provides, secondly, an examination of investment-related provisions in various World Trade Organization (WTO) Agreements and of investment provisions and case-law under Regional Free Trade Agreements; and thirdly, it analyses a number of building blocks for a possible future WTO-based Investment Agreement.
Friedl Weiss is Professor of European Law and International Economic Law, University of Vienna.
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