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32 Colum. J. Transnat'l L. 1 (1994-1995)
Fairness and Managed Foreign Direct Investment

handle is hein.journals/cjtl32 and id is 9 raw text is: Articles

Fairness and Managed
Foreign Direct Investment
JEFFERY ATIK*
I.  Introduction  .................................
II. Investment Access Within Regional Blocs ............
A. Open FDI: The European Union ...............
B. Managed FDI: U.S./Canada FTA and NAFTA .....
Ill. Open FDI: Approaches for Liberalizing FDI Access ....
A. Global Right of Establishment and National

Treatment  ............................
B. Most Favored Nation Standard .............
C. Reciprocity and Nonreversibility ............
IV. Managed FDI: Fairness, Realism and Reciprocity ...
A.  Managed FDI and Fairness ................
B. Fairness and Realism About FDI ............
C. Effective Reciprocity and Fair Outcomes ......
V. Managed FDI: Linking Investment Access and Trade
A.  Trade Barrier FDI  ......................
B.  Trade Linkages  ........................
VI.  Conclusion  ...............................

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*Associate Professor, Suffolk University Law School. A.B. 1976, University of California
at Berkeley, J.D. 1982, Yale University. Portions of this article were presented at the
European International Business Association annual conference held in Madrid, December
13-15, 1990 and at a faculty workshop held at Indiana University School of Law-
Bloomington, February 14, 1994. David Camino, Juan Josd Durdn, Stephen Hicks, Margaret
Pearson, Robert Preucel and Joel Trachtman provided helpful criticism. I am most grateful
for the contributions of Suffolk law librarians Michael Slinger, Susan Sweetgall, Ellen
Beckworth and Elizabeth Gemellaro; to research assistants Wayne Carroll, Kristen Kuliga,
Charles Shull and Thomas Tuttle; and to Dean Paul R. Sugarman. I am also deeply
appreciative of deans Maureen Maloney and Mary Anne Waldron, and of law librarians John
Davis and Joan Fraser of the Faculty of Law of the University of Victoria (British Columbia)
for hosting me during the drafting of this article.

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