Convergence of Trade and Investment Laws under RTAs- Legal Challenges of ISDS and the Way Forward.pdf

1、The historical segregation between international trade and investment law is fading away largely due to the commencement of vertical FDI.Despite its efforts, the WTO has remained unsuccessful to serve as a common platfor

2、m for both.Regional trade agreements (RTAs) have stepped into this vacuum as an alternate and their economic viability shows that this trend will continue to grow.This convergence of international trade and investment la

3、ws has boosted the volume of both cross border
　　trade and investment flows, however it enhanced the possibilities of already existing legal challenges e.g.parallel, intra-regime and inter-regime enforcement of remedi

4、es involving trade and investment laws.Despite the fact, FDI is an important source for economic and social development its legal regime generally and ISDS mechanism particularly facing severe criticism for being skewed

5、in the favor of investors and creating chilling impact on host States' regulatory autonomy.Efforts are being made both at national and international levels to address this issue; however these are largely premised on the

6、 context of segregated treatment of investment law.RTA's with varying levels
　　of commitment towards social and environmental issues along with augmented possibilities to impede regulatory autonomy portend new challen

7、ges.Consequently, this phenomenon may prospectively undermine the accomplishment of globally cherished goal of sustainable development.Therefore an integrated approach encompassing both substantive and enforcement aspect