Blessing in Disguise – The Impact of Global Value Chains on Investment Regulation

Research output: Contribution to conferenceAbstract

Abstract

Globalization has brought one of the key challenges to modern commercial world – regionalization of production, fragmentation and outsourcing. As a result, Global Value Chains (GVCs) and Global Production Networks (GPNs) have sprawled around the globe as the dominant economic model, whilst outsourced industrial production directly reflects business functions of Transnational Corporations (TNCs). In this context, law has been often left at the backseat, especially considering the high number of Bilateral Investment Treaties (BITs) currently in place. However, Preferential Trade Agreements (PTAs) have been also used to incorporate necessary investment protection clauses.

The paper will aim to compare and evaluate the scope of investment protection available under BITs as opposed to PTAs for the latest generation of treaty instruments. It will further address the existing current challenge of GVCs – answering the question of whether the chains have considerably contributed to the changes in modern investment policies. It will further enable analyzing the recent dynamics in GVCs/GPNs and its application to current investment trends, thus providing links to a wider treaty law and Public International Law (PIL) levels. Overall, the paper will also bring to the surface the issues of pre-investment and post-investment alongside transborder investment flows in the context of GVCs/GPNs.

The paper will add to the existing legal debate on the nature of international investment and contribute to the legal enquiry on the challenges to modern investment posed by GVCs. The paper will be beneficial for postgraduate researchers as well as for a wider academic and legal audience interested in commercial, trade and investment regulation.

Bibliographical metadata

Original languageEnglish
Publication statusPublished - 10 Jun 2019
EventInstitute of Commercial and Comparative Law Annual Postgraduate Research Conference 2019, Durham Law School - Durham Law School, Durham, United Kingdom
Event duration: 10 Jun 201910 Jun 2019
https://www.dur.ac.uk/iccl/forthcoming_events/

Conference

ConferenceInstitute of Commercial and Comparative Law Annual Postgraduate Research Conference 2019, Durham Law School
CountryUnited Kingdom
CityDurham
Period10/06/1910/06/19
Internet address