Identifying Core Elements in Investment Agreements in the APEC Region

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This study responds to an Asia-Pacific Economic Cooperation (APEC) forum Investment Experts Group request to identify the core elements in investment agreements in the APEC region. This includes identifying the range of approaches taken in respect of these elements. The study sample, selected by APEC, includes 28 international investment agreements (IIAs) between and/or involving APEC member economies. These comprise 14 bilateral investments treaties and 14 preferential trade and investment agreements. The publication identifies common, core elements of APEC IIAs and the way these provisions assist in liberalization, protection and promotion of investment.

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Identifying core elements

This chapter examines provisions of APEC IIAs in some detail and illustrates the approaches taken by APEC economies in formulating legal text. It also demonstrates the interrelationship between scope and definitional issues and substantive provisions. Scope issues are addressed first, and then substantive provisions are divided into three types: liberalizing, protecting and promoting provisions. Where a provision can, for example, liberalize and protect foreign investment, it has been categorized according to its dominant trait with discussion of its broader effect usually being included there, though sometimes also warranting a separate discussion under a different section.

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