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September 16, 2025World Trade Review0 citations

Investment Facilitation and the Structural Evolution of International Investment Law: Toward a Third Configuration

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WZWentian ZuYBYing Bi

Key Points

  • Investment facilitation introduces a 'risk-capacity' approach that enhances governance and trust-building among WTO members.
  • The new IFD Agreement proposes a third configuration of international investment law, moving beyond previous legitimacy crises.
  • Analyzing IFD mechanisms shows how investment facilitation fosters inclusivity and reduces marginalization in investment governance.
  • The study outlines future steps for the IFD Agreement as a blueprint for evolving multilateral investment governance.

Abstract

Abstract On 25 February 2024, the final text of the Investment Facilitation for Development (IFD) Agreement was released, marking a pivotal moment in the reform of International Investment Law (IIL). This article examines the trajectory of IIL through the lens of three distinct phases – investment protection, liberalization, and, now, investment facilitation – arguing that this latest phase represents a ‘third configuration’ of the field. While past reforms have struggled with legitimacy crises and governance limitations, investment facilitation introduces a ‘risk-capacity’ approach that prioritizes trust-building, regulatory coherence, and sustainable investment governance. By analyzing the well-designed mechanisms of the IFD Agreement, this article demonstrates how investment facilitation transforms IIL from a power-driven framework into a capacity-enhancing system, reducing its marginalization and fostering inclusivity among World Trade Organization (WTO) members. Finally, this study outlines potential next steps for the IFD Agreement, emphasizing its role as a blueprint for future multilateral investment governance.

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Cite This Study

Zu et al. (2025) studied this question.

synapsesocial.com/papers/68d4565b31b076d99fa5b300https://doi.org/10.1017/s1474745625101110
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