Brexit Institute News

Brexit Institute’s Niall Moran published New Book on Trade & Investment

Last week saw the publication of ‘Engagement Between Trade and Investment: The Role of PTIAs’ by Niall Moran.

Niall is Assistant Professor of Economic Law at DCU and an Affiliate of the Brexit Institute.

His book considers the complex relationship between trade and investment law and how this is impacted by the conclusion of different types of trade and investment agreements.

The book conducts an empirical analysis of engagement between the regimes using data from 60 PTIAs and 60 Bilateral Investment Treaties concluded between 2005-2019 to see whether PTIAs result in increased engagement and whether this occurs over time.

The book then explores eight of the factors identified as evidencing inter-regime engagement in detail. These chapters are divided into three areas: substantive provisions, host state flexibilities and procedural provisions.

These chapters look at when engagement is appropriate, the extent to which it is appropriate, and the impact of PTIAs in relation to the following areas:

1) national treatment, MFN treatment, likeness, and less favourable treatment;

2) Treaty exceptions, preambles and the right to regulate; and

3) appellate mechanisms, and amicus curiae briefs. These questions are very topical in light of recent innovations and ongoing reforms in the two regimes.

These questions are very topical in light of Opinion 2/15 of the Court of Justice of the European Union, leading to the separation of trade and investment in EU negotiations, as well as recent innovations and ongoing reforms in the two regimes.