ARTICLE: THE FUTURE OF BILATERAL INVESTMENT TREATIES: A DE FACTO MULTILATERAL AGREEMENT? Skip over navigation
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Copyright (c) 2009 Brooklyn Journal of International Law
Brooklyn Journal of International Law

ARTICLE: THE FUTURE OF BILATERAL INVESTMENT TREATIES: A DE FACTO MULTILATERAL AGREEMENT?

2009

Brooklyn Journal of International Law

34 Brooklyn J. Int'l L. 303

Author

Dr. Efraim Chalamish *

Excerpt

INTRODUCTION

In the Doha trade negotiations round ("Doha Round") at the Fifth Session of the Ministerial Conference in Cancun ("Cancun Session"), 1 the "Singapore Issues" 2 were at the heart of the debate between developed and developing countries, revealing deep differences over the role of investment issues in trade negotiations and trade agreements. Hence, the Cancun Session intensified skepticism about the feasibility of achieving any compromise whatsoever in the near future. 3 In fact, it was only several years ago that the countries of the Organisation for Economic Co-operation and Development ("OECD") 4 failed to agree on the appropriate content of a multilateral agreement on investment ("MAI"). 5

While the Doha Ministerial Declaration explicitly included the relationship between trade and investment in its agenda, 6 reflecting optimism for a potential compromise in North-South economic disputes, the decision adopted by the World Trade Organization ("WTO") General Council on August 1, 2004 states that "investment issues will not form part of the Work Programme set out in that Declaration and therefore no work towards negotiations on any of these issues will take place within the WTO during the Doha Round." 7 This political and diplomatic concession was necessary to bring the developed, developing, and emerging economies back to the trade negotiation table. 8 This moment was a turning point that enhanced hope for better diplomatic prospects.

We must therefore confront this question: what could serve as an alternative forum to the WTO for international investment ...
 
 
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