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.