ARTYKUŁ
Bridging International Trade and Investment Law in a Fragmenting International Economic Order
More details
Hide details
1
Faculty of Law, Bogazici University, Turkey
Submission date: 2025-06-30
Final revision date: 2026-07-05
Acceptance date: 2026-07-10
Online publication date: 2026-09-15
Publication date: 2026-09-15
Corresponding author
Omer Erkut Bulut
Faculty of Law, Bogazici University, Bebek, Besiktas, 34342, Istanbul, Turkey
Ekonomista 2026;(3):468-488
KEYWORDS
JEL CLASSIFICATION CODES
ABSTRACT
This article examines fragmentation between international trade law and international investment law, two closely related regimes
of international economic law that share common post-World War II foundations but have developed along different legal
and institutional paths. It focuses on the legal and economic implications of this divide, particularly where trade measures also
affect protected investments. Using doctrinal analysis, case studies and insights from law and economics, the paper evaluates
how fragmentation affects predictability, transaction costs, strategic behaviour and regulatory autonomy. The Philip Morris plain
packaging and Ontario renewable energy disputes show that the same state measure may be assessed through different legal
standards and remedial logics. The article argues that the problem is not fragmentation as such, but unmanaged or strategically
exploitable divergence. It concludes that coherence should be pursued through selective coordination rather than institutional
merger, including clearer treaty design, institutional dialogue, cross-regime awareness and reason-giving practices.