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Article: Towards an Agreement on Investment in Mercosur: conflict and complementarity of international investment law and international trade-in-services law

TitleTowards an Agreement on Investment in Mercosur: conflict and complementarity of international investment law and international trade-in-services law
Authors
KeywordsInternational trade-in-services law
International investment law
Conflict and complementarity of brancher of international law
Mercosur law
Issue Date2012
PublisherMartinus Nijhoff. The Journal's web site is located at http://booksandjournals.brillonline.com/content/22119000
Citation
The Journal of World Investment & Trade, 2012, v. 13 n. 4, p. 556-596 How to Cite?
AbstractThis article is the first to analyze the 2010 guidelines established by Mercosur’s Common Market Council for drafting an Agreement on Investment for Mercosur, which up until now has lacked any regulations for the promotion and protection of investment. This agreement is important not only because it potentially would fill a large gap in Mercosur law and strengthen Mercosur’s emergent common market, but also because it ostensibly represents the first time that Brazil has shown a real willingness to create an international system for investment protection, which represents a monumental breakthrough for Brazil. However, the guidelines (provided at the end of this article in an appendix) appear to have been created using the Protocol of Montevideo on Trade in Services as the model, as opposed to the more directly relevant norms from the realm of international investment law. This article explores whether this approach will lead to an international investment agreement that adequately promotes and protects investment in Mercosur. This article asserts that a better approach would be to use models from the realm of international investment law because these types of protections are needed in order to reassure investors. The sub-working group charged with drafting this agreement still is working on the draft agreement. Therefore, this article aims to influence that drafting process and subsequent debates over this draft agreement prior to its conclusion.
Persistent Identifierhttp://hdl.handle.net/10722/164149
ISSN

 

DC FieldValueLanguage
dc.contributor.authorFry, JDen_US
dc.contributor.authorStampalija, JIen_US
dc.date.accessioned2012-09-20T07:56:01Z-
dc.date.available2012-09-20T07:56:01Z-
dc.date.issued2012en_US
dc.identifier.citationThe Journal of World Investment & Trade, 2012, v. 13 n. 4, p. 556-596en_US
dc.identifier.issn1660-7112-
dc.identifier.urihttp://hdl.handle.net/10722/164149-
dc.description.abstractThis article is the first to analyze the 2010 guidelines established by Mercosur’s Common Market Council for drafting an Agreement on Investment for Mercosur, which up until now has lacked any regulations for the promotion and protection of investment. This agreement is important not only because it potentially would fill a large gap in Mercosur law and strengthen Mercosur’s emergent common market, but also because it ostensibly represents the first time that Brazil has shown a real willingness to create an international system for investment protection, which represents a monumental breakthrough for Brazil. However, the guidelines (provided at the end of this article in an appendix) appear to have been created using the Protocol of Montevideo on Trade in Services as the model, as opposed to the more directly relevant norms from the realm of international investment law. This article explores whether this approach will lead to an international investment agreement that adequately promotes and protects investment in Mercosur. This article asserts that a better approach would be to use models from the realm of international investment law because these types of protections are needed in order to reassure investors. The sub-working group charged with drafting this agreement still is working on the draft agreement. Therefore, this article aims to influence that drafting process and subsequent debates over this draft agreement prior to its conclusion.-
dc.languageengen_US
dc.publisherMartinus Nijhoff. The Journal's web site is located at http://booksandjournals.brillonline.com/content/22119000en_US
dc.relation.ispartofThe Journal of World Investment & Tradeen_US
dc.subjectInternational trade-in-services law-
dc.subjectInternational investment law-
dc.subjectConflict and complementarity of brancher of international law-
dc.subjectMercosur law-
dc.titleTowards an Agreement on Investment in Mercosur: conflict and complementarity of international investment law and international trade-in-services lawen_US
dc.typeArticleen_US
dc.identifier.emailFry, JD: jamesfry@hkucc.hku.hken_US
dc.identifier.authorityFry, JD=rp01244en_US
dc.identifier.doi10.1163/221190012X649850-
dc.identifier.hkuros209273en_US
dc.identifier.volume13en_US
dc.identifier.issue4-
dc.identifier.spage556en_US
dc.identifier.epage596en_US
dc.publisher.placeNetherlands-

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