ABSTRACT

This chapter discusses the growing trend in international investment law of including investment chapters or provisions in international trade agreements. This chapter will examine the origin and development of this trend and evaluate its impact on the international investment law regime. The discussions will also touch on some of the advantages and disadvantages of including investment chapters in RTAs as opposed to BITs. The convergence or “collocation” of trade and investment provisions, whether in RTAs or BITs, is contributing to the substantive and procedural development of international investment law. There are new issues of interpretation and an overlap of standards and dispute resolution processes. The possible decline of the self-standing BIT also raises new questions concerning the efficiency of an investment chapter or provisions in an RTA, as opposed to a self-standing BIT, to promote and protect investment while at the same time maintaining the protection of public interests.