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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The core elements of APEC IIAs described in this study interact to determine the obligations of the treaty parties and how the treaties will liberalize, protect and promote investment. Three types of interaction can be identified: (a) the interaction of definitions with the substantive provisions; (b) the interactions of exceptions (general exceptions and scheduled exceptions) with the substantive provisions, and (c) the interaction of the substantive provisions with the dispute resolution provisions.

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