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Plurilateralism and the Future of International Investment Law

In: The Journal of World Investment & Trade
Author:
Timothy Meyer School of Law, Duke University Durham, NC United States

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https://orcid.org/0000-0003-3298-537X
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Abstract

Despite the absence of a multilateral investment agreement, states have negotiated a wide range of plurilateral investment agreements. Indeed, most of the interesting changes in investment law today are properly conceived of as plurilateral initiatives. These initiatives have made progress where multilateralism has stalled by doing two things. First, they have not tried to address the core of substantive investment law, focusing instead on procedural and ancilliary issues such as dispute resolution, transparency, and investment promotion. Second, they have been attached to institutions, such as the World Trade Organization and World Bank, that are not investment law institutions. This lack of institutional focus on investment law creates two benefits: a) it breaks difficult linkages between substantive investment law and procedural or ancillary issues, allowing progress to be made on the latter, while b) still embedding the resulting agreement in an institutional framework that promotes negotiation, effective implementation, and compliance.

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