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Open Access. Powered by Scholars. Published by Universities.®

2011

International Law

Schulich School of Law, Dalhousie University

General Agreement on Trade in Services

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Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo Jan 2011

Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo

LLM Theses

This thesis examines the need for a multilateral regime for the regulation of foreign direct investment. The absence of such a regime has slowed the growth of foreign direct investment, as investment decisions are difficult to make because of the uncertainty of investment rules. Attempts to establish a multilateral framework for investment have failed due to disagreement between developed and developing countries on its scope. The major source of controversy has been the inclusion of the national treatment standard in the prospective agreement. This thesis analyses the position of both sides, and attempts to find a balance between the positive …