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The Foundations of International Investment LawBringing Theory into Practice$
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Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 January 2022

The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime

The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime

Chapter:
(p.168) (p.169) 6 The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime
Source:
The Foundations of International Investment Law
Author(s):

Mark Wu

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685387.003.0007

This chapter examines the extent to which the international trade regime impacts upon international investment law in four areas: the design and architecture of the investment regime; the patterns of investment treaty formation; the substance of investment treaty provisions; and treaty interpretation. It shows a divergence between theory and practice in the relationship between the trade and investment regimes: whilst many commentators have identified rich areas for cross-fertilization, the evidence from treaty negotiations and litigation confirms only a limited and selective influence of trade law within the investment regime. The interaction between the regimes remains sporadic and decentralized, and occurs at the instigation of non-state actors (investors) who have no standing to challenge adverse trade measures before the WTO but who may have a remedy in investment treaty arbitration. The normative orientations of the trade and investment regimes are fundamentally different, and hence one should not expect a rapprochement in the foreseeable future, especially in the institutional sense.

Keywords:   international trade regime, international investment law, treaty formation, treaty provisions, treaty interpretation

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