Investment facilitation at the WTO: What's old? What's new? What's missing?

Polanco, Rodrigo; Rodríguez-Chiffelle, Cristián (2023). Investment facilitation at the WTO: What's old? What's new? What's missing? In: Chaisse, Julienne; Rodríguez-Chiffelle, Cristián (eds.) The Elgar Companion to the World Trade Organization. Elgar Companions to International Organisations series (pp. 301-324). Edward Elgar Publishing 10.4337/9781800882867.00025

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The text explores the concept of investment facilitation in international investment agreements (IIAs) and its implications for a potential Multilateral Framework on Investment Facilitation for Development (MFIFD). The variations of investment facilitation provisions among IIAs have made it difficult to conceptualize and converge on its elements, but divergence could be essential in determining desirable facilitation measures for different stakeholders. The potential content of the MFIFD builds on existing measures found in IIAs, particularly on streamlining procedures, removing bureaucratic impediments, transparency, predictability, and institutional arrangements. However, not all provisions have been deemed worthy of inclusion in a multilateral agreement, and discussions have followed a normative rather than a functional approach. The involvement of key stakeholders, such as foreign investors and civil society, is crucial in developing an effective bottom-up approach to address administrative procedures at local levels. Countries’ size matters, especially in federal countries, where it is essential to clarify different authorities' competencies and roles in implementing investment facilitation. Innovation and careful drafting of the MFIFD could minimize the risks of investor-state dispute settlement, creating an agreement that goes beyond extending less risky investment facilitation provisions already found in existing IIAs.

Item Type:	Book Section (Book Chapter)
Division/Institute:	02 Faculty of Law > Department of Economic Law > World Trade Institute 10 Strategic Research Centers > World Trade Institute
Graduate School:	Graduate School of Economic Globalisation and Integration
UniBE Contributor:	Polanco, Rodrigo Javier
Subjects:	300 Social sciences, sociology & anthropology > 320 Political science 300 Social sciences, sociology & anthropology > 330 Economics 300 Social sciences, sociology & anthropology > 340 Law 300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation
ISBN:	9781800882850
Series:	Elgar Companions to International Organisations series
Publisher:	Edward Elgar Publishing
Language:	English
Submitter:	Mario Sgarrella
Date Deposited:	20 Dec 2023 14:47
Last Modified:	20 Dec 2023 14:47
Publisher DOI:	10.4337/9781800882867.00025
Related URLs:	Publisher Organisation
URI:	https://boris.unibe.ch/id/eprint/190295