In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.
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Chapter 2: The national treatment standard and differential treatment of foreign investors
This chapter will introduce the principle of non-discrimination in international economic law, as invoked by the national treatment standard common to trade and investment regimes. It will suggest that both performance requirements and investment incentives represent transgressions of this standard, which has been the subject of extensive jurisprudence by both WTO and international investment tribunals.
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