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Preserving Flexibility in IIAs

The Use of Reservations

  • Author: UNCTAD
  • Publication date: November 2006
  • Page count: 106
  • Language(s) in this book: English
  • Sales number: 06.II.D.14

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ISBN: 9789211555462

About the product

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.