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      Dangerous Liaisons: The Story of Special Economic Zones, International Investment Agreements, and Investor–State Dispute Settlement

      Journal of International Economic Law
      Oxford University Press (OUP)

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          ABSTRACT

          This article focuses on the interaction and relationship between Special Economic Zones (SEZs) as facets of unilateral economic law, international investment law, and the investor–state dispute settlement (ISDS) system in a four-fold manner. It initially explains the role of international investment agreements in protecting foreign investments in these zones. Then, it classifies the public or private nature of such zones and goes on to examine related claims through past case law, to determine how modern SEZs must be created to reduce host State liability. Whilst doing so, it provides important suggestions to improve the domestic and international success of SEZs by reducing costs associated with it. In this manner, this article endeavours to highlight the need for a balance in public policy between the rights of host States and foreign investors to ensure that SEZs continue to attract significant amounts of foreign investment. It also stresses on understanding transnational foreign investment rules and the implication of the previously concluded investor–ISDS proceedings so that host States can ensure better regulation of foreign direct investment in these areas.

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          Author and article information

          Contributors
          (View ORCID Profile)
          Journal
          Journal of International Economic Law
          Oxford University Press (OUP)
          1369-3034
          1464-3758
          June 01 2021
          June 18 2021
          May 04 2021
          June 01 2021
          June 18 2021
          May 04 2021
          : 24
          : 2
          : 443-471
          Article
          10.1093/jiel/jgab015
          f218118c-dbd6-4c76-b129-ce25dd76524e
          © 2021

          https://academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model

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