Digital Services, Servicification, and International Investment Law
from Part III - Digital Services in International Investment Law
Published online by Cambridge University Press: 11 February 2026
Trade and investment in services and intellectual property grows rapidly, driven by new technological advances, while servicification resolutely alters FDI patterns. As digital services trade grows, its aterritorial nature becomes a source of concern for policymakers and regulators, while companies affected by public interventions seek legal avenues to protect their rights, often throuth recourse to investor-State arbitration. Against this background, this chapter delves into the universe of digital services supply in an increasingly polarized international economic order. It identifies the challenges that servicification poses on international investment law, before focusing on the recent cases of TikTok (involving the digital services supply of the social media giant in the US) and Uber (relating to the service supply of the American company in Colombia and other countries) but also on Metaverse as a new challenge for economic regulation to discuss the applicable substantive investment law obligations and the scope for upholding national security concerns by the regulatory State. Throughout the chapter, I discuss related challenges that regulatory authorities face by emerging patterns in services trade and investment; the potential impact of measures such as geoblocking, bans or ringfencing; and the repercussions of such geo-economic fragmentation for the investment regime.
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