The growing tendency of including investment chapters in PTAs

Maksim Usynin*, Szilárd Gáspár-Szilágyi

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapter

2 Citations (Scopus)


In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, based on an empirical analysis of 158 post-North American Free Trade Agreement (NAFTA) PTAs, we conclude that three categories of countries/regional economic integration organisations (REIOs) exist: those that regularly include investment chapters into their PTAs (Japan, the United States, Canada, the Association of Southeast Asian Nations (ASEAN), Australia and the Caribbean Community (CARICOM)), those that are finding their voice in international investment law and increasingly include such chapters (India, China, the European Union and Chile) and those that have an adverse position towards it (Brazil and the Southern Common Market (MERCOSUR)) or defer the inclusion of such provisions to further negotiations (African Plurilaterals, Morocco and South Africa). Second, we look at the drivers behind including/excluding investment protection provisions in/from PTAs. Some drivers will be readily apparent from the data collected for the purpose of answering the first question, while other drivers will need a more detailed discussion. These drivers are: (a) the weaker party accepts/uses templates of more powerful states; (b) states/REIOs wish to pursue more comprehensive and resource-friendly negotiations; (c) states/REIOs want to achieve a more coherent application of international economic law.

Original languageEnglish
Title of host publicationNetherlands Yearbook of International Law
PublisherT.M.C. Asser Press
Number of pages38
Publication statusPublished - 2018

Publication series

NameNetherlands Yearbook of International Law
ISSN (Print)0167-6768
ISSN (Electronic)1574-0951

Bibliographical note

Funding Information:
This work was partly supported by the Research Council of Norway through its Centres of Excellence funding scheme, project number 223274, and the Danish Council for Independent Research. We would like to thank Geir Ulfstein, Andreas Føllesdal, Ole Kristian Fauchald, Daniel Behn, Taylor St John, Theresa Squatrito, and the reviewers of the NYIL for their useful comments.

Publisher Copyright:
© 2018, T.M.C. ASSER PRESS and the authors.


  • Coherency
  • Drivers
  • Global and regional trends
  • Investment chapters
  • ISDS
  • Preferential trade agreements
  • PTA templates

ASJC Scopus subject areas

  • Law


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