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Brazilian CIFAs: A Policy Shift from Investment Protection and Liberalization to Investment Facilitation
Wei, Dan1; Ning, Hongling2
2022
Source PublicationManchester Journal of International Economic Law
ISSN1742-3945
Volume19Issue:1Pages:65-78
Abstract

The investment protection paradigm faces increasing dissatisfaction and there are growing national security concerns over the entry of foreign direct investment (FDI). When policy makers carry out reforms of traditional bilateral investment treaties (BITs), Brazil, in its turn, developed a novel model of investment treaty, i.e., Cooperation and Investment Facilitation Agreements (CIFAs) to protect its outbound investments. In line with Brazil’s long-standing investment policy, CIFAs focus primarily on investment facilitation rather than on investment protection. Brazilian CIFAs distance their substantive foundation from international minimum standards by eliminating typical norms of BITs and reaffirming regulatory autonomy of state parties. Through the optimization of the domestic regulatory framework in which foreign investment operates, CIFAs aim at promoting amicable ways to prevent and settle disputes by means of institutional governance, and fostering constructive shareholder relationship through continuous dialogue. By focusing on investment facilitation that directly contributes to improving domestic governance, CIFAs may fill the gap of BITs. Nonetheless, policies of investment protection, investment liberalization and investment facilitation are all essential components of favorable business environment, hence states should try to find ways to integrate them.

URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaBusiness & Economics ; Government & Law
WOS SubjectEconomics ; Law
WOS IDWOS:000795797200004
PublisherELECTRONIC PUBL LTD120 SPRING GROVE RD, HOUNSLOW E, HOUNSLOW, MIDDLESEX TW3 4BP, ENGLAND
Scopus ID2-s2.0-85131061935
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorWei, Dan
Affiliation1.Faculty of Law of the University of Macau, Macao
2.UNCTAD, Switzerland
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Wei, Dan,Ning, Hongling. Brazilian CIFAs: A Policy Shift from Investment Protection and Liberalization to Investment Facilitation[J]. Manchester Journal of International Economic Law, 2022, 19(1), 65-78.
APA Wei, Dan., & Ning, Hongling (2022). Brazilian CIFAs: A Policy Shift from Investment Protection and Liberalization to Investment Facilitation. Manchester Journal of International Economic Law, 19(1), 65-78.
MLA Wei, Dan,et al."Brazilian CIFAs: A Policy Shift from Investment Protection and Liberalization to Investment Facilitation".Manchester Journal of International Economic Law 19.1(2022):65-78.
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