Introduction

Japan and Mexico have announced the conclusion of a free-trade agreement containing far-reaching rules on foreign investment protection and liberalization. Following the recent treaty practice of the two countries, the agreement extends national treatment and most-favored nation treatment (MFN) to the pre-establishment phase of an investment (i.e. prior to entry). In contrast with many existing bilateral investment treaties, these pre-establishment commitments afford protection to investors not merely after having established an approved investment, but also ...