Abstract

GHIOTTO, Luciana  and  GUAMAN, Adoración. Facilitation or protection to FDI? New elements in the global debate . Ciclos hist. econ. soc. [online]. 2018, vol.29, n.51, pp.1-20. ISSN 1851-3735.

Facilitation is a mechanism very indeterminately defined. It denotes the simplification of administrative and regulatory processes in order to facilitate the arrival, operation and exit of foreign investment. Facilitation does not provide a different treatment to foreign investors, so here we find a substantial difference with investment protection that was adopted in bilateral investment treaties in the past years. Nonetheless, we explain that one of the main mechanisms that come with facilitation is regulatory coherence, which implies the tendency to homogenize State´s regulatory processes. Also, it brings in the participation of private stakeholders in the adoption of regulations. Finally, it is argued that this means the modification of States internal regulatory processes.

Keywords : investment, facilitation, protection, regulatory coherence, BIT..

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