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 4: Performance requirements and international investment law
This chapter will examine the way in which international investment agreements (IIAs) have restricted the use of performance requirements, often exceeding the TRIMs regime to cover non-trade types of conditions imposed on firms. The chapter will consider some of the investor–state arbitration case law on the application of these policies, particular that of the NAFTA.
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