Read e-book online International Investment Agreements in Services (Unctad PDF

By United Nations Conference on Trade and Development

ISBN-10: 9211126754

ISBN-13: 9789211126754

This paper seeks to help constructing international locations to satisfy the demanding situations coming up on the interface of the liberalization and the legislation of providers, within the context of overseas funding rule making.

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Additional info for International Investment Agreements in Services (Unctad Series on International Investment Policies for Devel)

Sample text

However, the fact that a subsidy pertains to a service industry does not necessarily mean that other WTO agreements, and in particular the Agreement on Subsidies and Countervailing Measures (SCM) (WTO 1994c) and the Agreement on Agriculture (WTO 1994d), do not apply. For example, the provision by a government of certain subsidized services to producers of goods can also be relevant l... UNCTAD Serler on lnternatlonal Investment Pollcles for Development Chapter III 37 Box 2 (concluded) under the SCM Agreement.

This could result in differently formulated provisions applying to services FDI, once covered by the investment chapter and once covered by the services chapter. In turn, this could give rise to inconsistencies - an issue discussed below. While these three approaches may serve as a useful analytical tool to distinguish, compare and analyze services FDI, such a categorization must naturally be treated with caution. In fact, such a categorization looks only at a particular agreement - in isolation from other agreements.

Thus, as with many other issues, where, or in which chapter, services FDI is covered can determine the type of dispute settlement mechanism applying to it. Whether or not an issue is covered by either investor-State or State-State dispute settlement is of considerable significance. Most importantly, the two systems differ with respect to the remedies they offer: investor-State dispute settlement processes usually involve the award of monetary damages. Requiring the losing (governmental) party to pay financial compensation to the winning (investor/investrnent) party may have significant implications, particularly for developing country governments where financial resources are scarce.

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International Investment Agreements in Services (Unctad Series on International Investment Policies for Devel) by United Nations Conference on Trade and Development


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