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Regional Trade Agreements and the WTO Legal System$
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Lorand Bartels and Federico Ortino

Print publication date: 2006

Print ISBN-13: 9780199206995

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199206995.001.0001

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International Agreements Covering Foreign Investment in Services: Patterns and Linkages

International Agreements Covering Foreign Investment in Services: Patterns and Linkages

Chapter:
(p.201) 8 International Agreements Covering Foreign Investment in Services: Patterns and Linkages
Source:
Regional Trade Agreements and the WTO Legal System
Author(s):

Federico Ortino

Audley Sheppard

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206995.003.0009

This chapter examines patterns and linkages in international agreements that cover foreign investment in services. It considers the issue of coordination or the lack of it in many international agreements covering investment in services and analyses whether bilateral and regional economic integration agreements are consistent with the multilateral disciplines embodied in the General Agreement on Trade in Services (GATS). It contends that bilateral investment treaties (BIT) and free trade agreements (FTA) violate the Most Favoured Nation (MFN) obligation enshrined in Article II GATS and that such violation cannot be justified on the basis of the Economic Integration exception of Article V of GATS.

Keywords:   foreign investment, international agreements, service industry, economic integration, GATS, investment treaties, Most Favoured Nation

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