The purpose of this paper is to contribute to a better understanding of the changes that are taking place in the international normative framework on investment through surveying the European Union and United States’ Free Trade Agreements (FTAs) with developing countries.
As with many of the other WTO negotiating areas, talks on “trade in services” present serious challenges to developing countries. One challenge is the fact that – whereas tariffs are a primary barrier to trade in goods – domestic laws and regulations are the primary barrier to trade in services. Hence, when governments make commitments to liberalize services in different sectors such as, energy, environment, basic services, domestic laws and regulations governing these services need to be re-examined to ensure that they do not conflict with WTO rules.
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