The Proposed Multilateral Framework on Investment Facilitation: An Analysis of its Relationship to International Trade and Investment Agreements

This issue paper aims to provide a comprehensive, though by no means exhaustive, analysis of the discussions of the JSI on investment facilitation, considering the latest developments and texts in this process against both the WTO agreements and architecture, as well as the international investment regime. The analysis is meant to provide WTO Members with some of the information they may need as they determine their needs, development priorities, and next steps.

This paper is organized into five overarching sections. The authors first provide a brief overview of the history of the framework along with a detailed analysis of the Informal Consolidated Text that is currently the basis for discussion. The authors then examine the potential overlap and interaction with the existing WTO rulebook and the Joint Statement Initiative on Services Domestic Regulation. They then review the potential interaction between this framework and international investment agreements, looking at the lessons learned from past jurisprudence in international investment law. The authors conclude with a set of key takeaways and considerations derived from this analysis.

This material has been produced with funding by UK aid from the UK Government. The Umbrella Grant is a project of the Trade and Investment Advocacy Fund (TAF2+) and is implemented by the International Institute for Sustainable Development, in consortium with CUTS, BKP Economic Advisors, and InterAnalysis. These papers benefited from peer review and editorial support from Patrick Low, Markus Krajewski, Hamed El-Kady, Sarah Brewin, Rashmi Jose, Susan Joekes, and Sofía Baliño. Thanks also go to Marios Tokas for his research support.

Views expressed in the publication are the authors’ own and do not necessarily reflect HM Government’s official positions or those of TAF2+.