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Attracting FDI through BITs and RTAs: Does treaty content matter?

Berger, Axel; Busse, Matthias; Nunnenkamp, Peter; Roy, Martin

The authors analyze empirically whether the impact of BITs and RTAs on bilateral FDI flows depends on the inclusion of two legal innovations: investor-state dispute settlement (ISDS) and pre-establishment national treatment (NT) provisions. Indeed, they find strong evidence that liberal NT provisions promote FDI. ISDS mechanisms appear to play a minor role. Surprisingly, the impact of similar investment provisions on FDI depends on whether these provisions are contained in RTAs or BITs.

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Academic Units
Vale Columbia Center on Sustainable International Investment
Publisher
Vale Columbia Center on Sustainable International Investment
Series
Columbia FDI Perspectives, 75
Published Here
July 30, 2012