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Mona Pinchis-Paulsen @loyaladvisor
, 10 tweets, 3 min read Read on Twitter
In light of consideration of @WTO addressing investment, I thought I'd highlight some prior efforts from the Working Group on the Relationship between Trade and Investment, re the Doha Development Agenda, see 2002 Report WT/WGTI/6. (thread w/ excerpts)
The working group sought to clarify scope and definitions (investment/investor), transparency, non-discrimination, pre-establishment commitments from a GATS +-list approach, exceptions + balance of payments safeguards, and dispute settlement.
Transparency - the WG sought a "transparent" framework for foreign investment, and the focus was on the nature and depth of transparency provisions.
Development - developing countries sought flexibility in any WTO agreement on investment for regulating entry of foreign investment and in using policies to enhance the contribution of foreign investment to their social/ economic development agendas. A lot left for further work.
Discrimination - there was discussion on the scope of non-discrimination provisions, examining both national and most-favoured-nation treatment, pre- and post- establishment.
Modalities for pre-establishment commitments based on a GATS- positive list approach - this related to several other topics, and different views were presented as to how to schedule market access and related policy obligations in a balanced way.
General exceptions and balance of payments safeguards - "many felt" general exceptions be incorporated into an investment framework; balance of payments safeguards were considered important to address concerns about short term capital flows and exposure to financial volatility
Consultation and dispute settlement- dispute settlement seen as dependent on the substantive provisions chosen, and one view that a prospective investment agreement should depend on the WTO DSM. Also important to strengthen consultations + consider scope of non-violation claims
Here's what the report had to say about understanding the differences between the WTO DSM outcome (inter-governmental, compliance with recommendations of DSB) versus ISDS (monetary compensation to private actor).
FDI and transfer of technology is addressed as an issue, but raised for discussion as to whether the working group should examine the topic. Full document available on
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