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- Title
Investment Protection Under Successive Treaties.
- Authors
Jean Ho
- Abstract
The legal landscape of investment protection is changing. As more States conclude several investment protection agreements with the same treaty partner, investment protection is increasingly governed by successive treaties. This raises the question of priority among successive treaties, which enables the provisions of the prioritised treaty to prevail. The phenomenon of investment protection under successive treaties gains prominence with the recent turn to mega-regional free trade agreements containing chapters on investment protection. These newer agreements may present the updated obligations of negotiating or signatory States on investment protection, but they do not necessarily prevail over older IPAs concluded with fellow negotiators or signatories. This article analyses the ordering of successive treaties, using the Trans-Pacific Partnership cosmos as a case study. The TPP is the first concluded mega-regional whose investment chapter promises an optimal balance between protecting investments and preserving the right of States to regulate. However, this investment chapter happens to be only one of 40 IPAs in the treaty network connecting the 12 TPP signatories. Understanding how investment protection under successive treaties pans out in the TPP cosmos is not only important for the committed signatories of the TPP, but is also an invaluable point of reference for future signatories of mega-regionals, FTAs and IPAs.
- Subjects
INVESTMENT laws; INVESTMENT treaties; TRANS-Pacific Partnership; FREE trade laws; INVESTOR protection
- Publication
ICSID Review: Foreign Investment Law Journal, 2017, Vol 32, Issue 1, p58
- ISSN
0258-3690
- Publication type
Article
- DOI
10.1093/icsidreview/siw033