Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-2pzkn Total loading time: 0 Render date: 2024-06-04T01:32:59.019Z Has data issue: false hasContentIssue false

4 - Entry Rights and Investments in Services: Adjudicatory Convergence between Regimes?

from Part I - Dispute System Design

Published online by Cambridge University Press:  25 June 2020

Szilárd Gáspár-Szilágyi
Affiliation:
University of Oslo
Daniel Behn
Affiliation:
University of Oslo
Malcolm Langford
Affiliation:
University of Oslo
Get access

Summary

This chapter deals with the enforcement of the international rules applying to the initial process of entry by analysing the possibilities and strategies of adjudication under the GATS and the dispute resolution systems of International Investment Agreements. The chapter initially evaluates whether investor-state arbitration (ISA) can be strategically used to enforce disputes when there is no investment yet. Then, it assesses the potential of state-state dispute settlement mechanisms for investment disputes. This is followed by an evaluation of the jurisdiction of the WTO DSB, especially when it comes to the enforcement of GATS provisions in mode 3. This panorama will set the ground to explain the recent innovative approaches taken by the current treaties and negotiations on the subject, illustrated by the services and establishment chapters of the EU-Canada FTA (CETA). Finally, the chapter tests to what extent the interaction in this area provides evidence of a gradual move towards a specific type of enforcement. The chapter concludes that state actors are progressively adopting convergent approaches in adjudication, at least with respect to the entry of investors in services.

Type
Chapter
Information
Adjudicating Trade and Investment Disputes
Convergence or Divergence?
, pp. 92 - 118
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×