National treatment in emerging market investment treaties

Collins, D. A. (2013). National treatment in emerging market investment treaties. London: The City Law School of City University London.

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Abstract

This article considers the national treatment standard in international investment agreements as implemented by emerging market countries. It briefly explains the nature and purpose of the standard and how it has been examined by international investment tribunals. Specific examples of national treatment provisions in emerging market international investment treaties as well as WTO instruments are discussed, focusing the scope and limitations to this standard commonly provided in treaty practice. The associated issue of performance requirements is then considered. The article concludes that whereas the national treatment standard is found in most but not all emerging market investment treaties, it is often limited by scope or application, although a trend towards greater liberalization is noted.

Item Type: Monograph (Working Paper)
Subjects: H Social Sciences > HF Commerce
K Law
Divisions: The City Law School > The City Law School - Academic Programmes
Related URLs:
URI: http://openaccess.city.ac.uk/id/eprint/2395

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