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The BRIC States and Outward Foreign Direct Investment$
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David Collins

Print publication date: 2013

Print ISBN-13: 9780199652716

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199652716.001.0001

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The Multilateral Agreement on Investment in Services: Exceptions

The Multilateral Agreement on Investment in Services: Exceptions

Chapter:
(p.160) 7 The Multilateral Agreement on Investment in Services: Exceptions
Source:
The BRIC States and Outward Foreign Direct Investment
Author(s):

David Collins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199652716.003.0007

This chapter explains the exceptions of Multilateral Agreement on Investment in Services (MAIS) to address sustainability and public interest concerns. It addresses the public policy exceptions that could be raised by states to rationalise departure from the primary obligations of the MAIS on investor protection. The first category of exceptions includes environment protection, labour and human rights, culture, safeguarding of national security, and the prevention of economic crises. A second set of exceptions are those relating to quality control of services in domestic markets. Environmental protection exceptions need a careful consideration of the measure that has been imposed, its purpose, and the factual context. The MAIS must also excise a balance between the protection of workers from exploitation and the undue interference with legitimate commercial activities. The principle of sustainable development must appear in the preamble of the MAIS in order to lead arbitration tribunals in the interpretation of MAIS obligations and exceptions.

Keywords:   exceptions, sustainability, public interest, multilateral agreement on investment in services, environment protection, labour and human rights, national security, domestic markets

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