MJIEL Vol 7 Issue 3 2010 - Article 2

Abstract: What have happened to China and Argentina in their international investment affairs in recent years warn people that three categories of non-traditional investment risks have emerged or been exacerbated in the era of late globalization. Modern investment treaty regime, which originated in the early globalization, is not well-equipped enough to regulate these non-traditional investment risks effectively and legitimately. A new paradigm of investment treaty regime, which is deeply embedded in the late globalization, is required. This new paradigm is characterized by ‘2CAs’ of Community Approach and Communicative Approach.

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