Os investimentos estrangeiros e comércio internacional: uma análise comparativa e sua complementaridade

Abstract

International trade has developed an increasingly important role in the world s economy. The growing flow of foreign investment contributes for a potential of economic development and opportunities of income for foreign investors. An ongoing relevance of these two disciplines challenges the rules of international law. On one side the international investments law has been criticized due to its fragmented regime caused by the bilateralism. On the other side, international trade law implemented through World Trade Organization multilateral system was being considered overcome by many criticizers. Every proposal to regulate foreign investment in a multilateral level was unsuccessful and the existing international trade system was constantly condemned. In this context of duality between foreign investments and international trade remains doubtful their complementarity feature. Nevertheless, the increasing and undoubtful interconnection between foreign investments and international trade not only represents a development of a rule of law for both but also contributes for a development of the minimum standards of treatment of investors, economic development and commercial trade. The decision of leaving behind the treatment of both disciplines separately when they have real complementary elements was taken in order to treat them altogether aiming a profounder economic growth and thoroughly development.