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Part IV Trade and … The New Agenda and Linkage Issues, Ch.22 Trade And Investment

Rodney Neufeld

From: The Oxford Handbook of International Trade Law

Edited By: Daniel Bethlehem, Donald McRae, Rodney Neufeld, Isabelle Van Damme

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 13 May 2021

NAFTA (North American Free Trade Agreement) — International minimum standard — Non-discrimination — ECT (Energy Charter Treaty) — Foreign Direct Investment — Expropriation — BITs (Bilateral Investment Treaties)
Rules can be helpful, particularly when they apply generally. On the other hand, the selective creation, application, and enforcement of rules can lead to preferential treatment. In international investment law, there is little uniformity. States promote investment rules in the interest of providing for stability, transparency, predictability, non-discrimination, and protection for their companies and individuals that invest abroad. The quid pro quo is that they offer the same standards for foreign investors wishing to invest in their State. Good investment rules...
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