Int'I Investment Law &Int'l Economic LawSubsetofInternational Economic Law1)Finance;2) Trade;3)Investment.Closerelationship;same objective> EconomicDevelopment→Reconstruction→ PeaceBrettonWoods（1944)1)InternationalMonetaryFund;2)International Trade Organization (HavanaCharter1948)→GATT 1947;3)Investment？
Int’l Investment Law & Int’l Economic Law ◼ Subset of International Economic Law 1) Finance; 2) Trade; 3) Investment. ◼ Close relationship; same objective → Economic Development → Reconstruction → Peace ◼ Bretton Woods (1944) 1) International Monetary Fund; 2) International Trade Organization (Havana Charter 1948)→ GATT 1947; 3) Investment ?
Article12HavanaCharterinternationalinvestment,bothpublicandprivate,can be of great value inpromoting economic development andreconstruction, and consequent socialprogress; [1(a)]the interests of capital importing countriesand capital exportingcountries maybepromoted if such Members enter intobilateral ormultilateralagreementsrelating to the opportunities and securityforinvestment which the Members areprepared to offer and any limitationswhich they are prepared to accept
Article 12 Havana Charter ◼ international investment, both public and private, can be of great value in promoting economic development and reconstruction, and consequent social progress; [ 1(a)] ◼ the interests of capital importing countries and capital exporting countries may be promoted if such Members enter into bilateral or multilateral agreements relating to the opportunities and security for investment which the Members are prepared to offer and any limitations which they are prepared to accept
Article12 Havana Charter
Article 12 Havana Charter
Article12HavanaCharter2.Memberstherefore undertake:i)toprovide reasonableopportunitiesforinvestmentsacceptabletothemand adeguatesecurity for existing and future investments,and(b)...to participate in negotiations directed to theconclusion,if mutually acceptable,of amultilateralagreement;3.Members shall promote co-operation betweennational and foreign enterprisesorinvestorsforthe purpose of fostering economic developmentor reconstruction where such cooperation appearsto theMembers concernedto be appropriate
Article 12 Havana Charter 2. Members therefore undertake: . (i) to provide reasonable opportunities for investments acceptable to them and adequate security for existing and future investments, and . (b). to participate in negotiations directed to the conclusion, if mutually acceptable, of a multilateral agreement; 3. Members shall promote co-operation between national and foreign enterprises or investors for the purpose of fostering economic development or reconstruction where such cooperation appears to the Members concerned to be appropriate
Towards aMultilateral InvestmentTreaty?MAI Organizationfor EconomicCooperation andDevelopmentWTOSingaporeissues;Cancun 2003-MNC liability?XInvestment Law is alreadyindirectly'covered"TRIPSAgreement;GATS-commercialpresenceATRIMSA
Towards a Multilateral Investment Treaty? ◼ MAI Organization for Economic Cooperation and Development ◼ WTO Singapore issues; Cancun 2003- MNC liability? ◼ Investment Law is already indirectly “covered” TRIPS Agreement; GATS- commercial presence TRIMS