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Non-Discrimination and its Dimensions in a Possible WTO Framework Agreement on Investment

Non-Discrimination and its Dimensions in... "Considering the important developments of the last half-century, the growth of foreign investments and the expansion of the international activities of corporations and considering the way in which the economic interests of states have proliferated, it may at first sight appear surprising that the evolution of law has not gone further and that no generally accepted rules in the matter have crystallized on the international plane." Belgium v. Spain! "[It is] imperative that ... determinations [made] in the context of Article ill ... not unnecessarily infringe upon the regulatory authority and domestic policy options of contracting parties." United States-Measures Effecting Alcoholic and Malt Beverages2 "Foreign Direct Investment follows a country's success. It rarely leads it ..." Submission by Iradia to the Working Group on Trade and Investment* I. INTRODUCTION Foreign direct investment, or simply FDI, which is commonly explained as the "crcation of enterprises abroad or acquisition of substantial stakes in existing enterprises",4 is very much a salient feature of modern-day global commerce and represents the major percentage of capital generation and flows across national borders.5 According to Sacerdoti, "a more favorable approach" to foreign investments "and the fundamental role of the private sector ... have emerged, on http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Non-Discrimination and its Dimensions in a Possible WTO Framework Agreement on Investment

Journal of World Investment and Trade , Volume 4 (6): 36 – Jan 1, 2003

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190003X00057
Publisher site
See Article on Publisher Site

Abstract

"Considering the important developments of the last half-century, the growth of foreign investments and the expansion of the international activities of corporations and considering the way in which the economic interests of states have proliferated, it may at first sight appear surprising that the evolution of law has not gone further and that no generally accepted rules in the matter have crystallized on the international plane." Belgium v. Spain! "[It is] imperative that ... determinations [made] in the context of Article ill ... not unnecessarily infringe upon the regulatory authority and domestic policy options of contracting parties." United States-Measures Effecting Alcoholic and Malt Beverages2 "Foreign Direct Investment follows a country's success. It rarely leads it ..." Submission by Iradia to the Working Group on Trade and Investment* I. INTRODUCTION Foreign direct investment, or simply FDI, which is commonly explained as the "crcation of enterprises abroad or acquisition of substantial stakes in existing enterprises",4 is very much a salient feature of modern-day global commerce and represents the major percentage of capital generation and flows across national borders.5 According to Sacerdoti, "a more favorable approach" to foreign investments "and the fundamental role of the private sector ... have emerged, on

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2003

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