Developing rules for non-discriminatory domestic regulations remains one of the key elements of the unfinished agenda of the GATS. Negotiations in the Working Group on Domestic Regulation have produced a considerable level of consensus in recent years, but some critics claim that this consensus was reached at the expense of developing only shallow disciplines. In any event, fully-fledged Domestic Regulation disciplines have not yet been finalized in the WTO context. At the same time, numerous regional and bilateral trade agreements (PTAs) covering trade in services have been concluded since the entry into force of the GATS. This raises the question of whether and to what extent such PTAs have developed any further disciplines on domestic regulation and whether such disciplines could be used as a model for the GATS. Initial research suggests that the potential for more advanced general rules on domestic regulation in PTAs may not be as significant as one would expect. However, many of these agreements contain chapters on regulatory rules and principles for specific sectors which should be further studied and developed.
Markus Krajewski and Rhea Tamara Hoffmann
Edited by Markus Krajewski and Rhea T. Hoffmann
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.