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文章基本信息

  • 标题:Negotiating Investment in the GATT: A Call for Functionalism
  • 本地全文:下载
  • 作者:Christy III, Paul Bryan
  • 期刊名称:Michigan Journal of International Law
  • 印刷版ISSN:1052-2867
  • 出版年度:1991
  • 卷号:12
  • 期号:4
  • 页码:743-798
  • 出版社:University of Michigan Law School
  • 摘要:In part, this article is about the conflict between literalism and functionalism in the GATT. It examines an attempt in the Uruguay Round to negotiate rules on foreign direct investment - the so-called trade-related investment measures (TRIMs) negotiations. Foreign direct investment is often a stage in the internationalization of enterprises; it is helpful to the trade of goods producers and necessary to the trade of many services providers. Affected by the output-oriented history of the GATT, however, the Contracting Parties have treated investment as though it were simply one of three legs of an economic triangle: goods, services, investment. In the Uruguay Round, this approach has yielded a hybrid: the TRIMs talks.
  • 关键词:General Agreement on Tariffs and Trade; Negotiation; Functionalism; Literalism; Treaty interpretation; Treaties; Investment; Foreign investment; Uruguay Round
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