Abstract
Abstract
Two scholarly communities work on global trade and investment governance yet communicate little with each other. On the one hand, classic trade and investment scholarship focuses on states' foreign economic policies, trade and investment treaty programs, and participation in the World Trade Organisation. On the other hand, scholars of private and commercial law study how businesses draft and enforce the international contracts of a private law nature that ultimately constitute international trade and investment transactions. This research note seeks to raise awareness for this bifurcation of research on global trade and investment, develops a conceptual framework to better understand the role of private law in shaping trade and investment flows, and proposes a research agenda anchored in economics, political economy, and political science to advance our understanding of the role of private law in global trade and investment transactions and governance.
Publisher
Cambridge University Press (CUP)
Reference74 articles.
1. Basedow, J.R. and Kauffmann, C. (2016) ‘International Trade and Good Regulatory Practices: Assessing the Trade Impacts of Regulation’, OECD Regulatory Policy Working Papers 4.
2. The EU, the WTO, and the NAFTA
3. Shareholder Claims for Reflective Loss in Investor-State Dispute Settlement: Proposing Reform Options for States;Suraweera;ICSID Review – Foreign Investment Law Journal,2023