Incorporating the IFDA into the WTO? Tackling India’s Question with WTO Jurisprudence

The Investment Facilitation for Development Agreement (IFDA) represents the latest achievement in the framework of the World Trade Organization (WTO). However, India has openly questioned the legitimacy of the IFDA’s inclusion into the WTO, arguing that investment facilitation is not a legitimate subject under the WTO; that there is a ‘negative mandate’ within the WTO for negotiating investment-related matters; that IFDA members did not achieve the required consensus; and that the Joint Statement Initiative (JSI) negotiation model relied upon by the IFDA lacks legal status. The fundamental response to India’s question lies in the legality of the IFDA under WTO law. Investment facilitation is a legitimate subject within the WTO framework, and there is no ‘negative mandate’ within the WTO. Although the IFDA was initiated through the JSI and did not strictly adhere to the WTO’s consensus principle, it still holds legal validity under international trade law.