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Preserving Flexibility in IIAs

The Use of Reservations

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Reservations in International Investment Agreements are a key technique for balancing flexibility of national authorities with international commitments in the field of investment, especially for developing countries. This paper studies the use of such reservations at two levels. First, it assesses the various means that signatories have at their disposal when attempting to preserve flexibility and regulatory autonomy. Second, it explores the revealed preferences for flexibility emerging from the reservation lists of eight International Investment Agreements employing a negative list approach to scheduling non-conforming measures.

English

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Flexibility in IIAs

An important aspect of providing policy flexibility under IIAs relates to the choice of modality used to negotiate and schedule liberalization commitments. Two alternative approaches are found in IIAs: the GATS-type approach, on the one hand, and the negative list approach, on the other.

English

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