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Author: Karl P Sauvant
Publisher: Oxford University Press
ISBN: 0199745188
Category : Law
Languages : en
Pages : 795
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Book Description
Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.
Author: Karl P Sauvant
Publisher: Oxford University Press
ISBN: 0199745188
Category : Law
Languages : en
Pages : 795
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Book Description
Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.
Author: Edwick Bandera
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The main ambit of this research is to seek to find a link between bilateral investment treaties and foreign direct investment. This offers a contribution on the ongoing debate on the effect of bilateral investment treaties on foreign direct investment. In order to analyze this debatable role of bilateral investment treaties on foreign direct investment a case study of the recently signed Bilateral Investment and Promotion and Protection Act between Zimbabwe and South Africa (BIPPA) is carried out with a special focus on Zimbabwe. The argument is BIPPA contains many rights which investors can use against the host. These clear outlined rules increase investor confident which will result in flows of investments to the host nation. The rules have a disciplinary effect upon the host. This is further qualified by the notion that BIPPA will have more effect on the Zimbabwean side were the government have to convince investors that their property will be protected. Domestic policies will be highlighted as being in conflict with investors rights. BIPPA can thus be used as shield to these domestic policies thereby encouraging foreign direct investment. These treaties however have their own cost effects which will be categorized as reputational, sovereignty and arbitration. Other issues such as the effect of bilateral investment treaties on development will also be deliberated on.
Author: Greg Myers
Publisher:
ISBN: 9781628081787
Category : Commercial treaties
Languages : en
Pages : 0
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Book Description
Foreign direct investment (FDI) is an increasingly important driver of the global economy. In the absence of an overarching multilateral framework on investment, bilateral investment treaties (BITs) and investment chapters in free trade agreements (FTAs), collectively referred to as "international investment agreements," have emerged as the primary mechanism for promoting a rules-based system for international investment. This book provides an overview of U.S. international investment agreements, focusing specifically on BITs and investment chapters in FTAs. It discusses key trends in U.S. and international investment flows, governance structures for investment at the bilateral and multilateral levels, the goals and basic components of investment provisions in U.S. international investment agreements, the outcomes of the Administration's model BIT review, and key policy issues for Congress.
Author: Swadesh Gupta
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This research paper seeks to find a link between bilateral investment treaties and foreign direct investment. It focuses on the ongoing debate on the effect of bilateral investment treaties on foreign direct investment. In order to analyze this debatable role of bilateral investment treaties on foreign direct investment a case study of a recently signed bilateral agreement between India and Sudan is carried out.
Author: J Anthony VanDuzer
Publisher: Routledge
ISBN: 0429594690
Category : Law
Languages : en
Pages : 261
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Book Description
This book provides an overview of international investment policy and policy-making, drawing upon perspectives from law, economics, international business, and political science. International investment is a complex phenomenon with significant effects worldwide. Developing effective policies and strategies to attract investment in sufficient quantities and marshal it to contribute to sustainable development is a critical challenge for governments at all levels. This book’s interdisciplinary approach provides fresh insights into the mix of policy options available to governments seeking investment to support their country’s (or region’s) development. As well as identifying ways to effectively design, implement, and assess policies to attract foreign investment, it explores how to manage foreign investment’s effects. Various dimensions of international investment policy are discussed, including benefits and costs (economic, environmental, social, and political) of foreign investment, the significance of global value chains, state-owned enterprises and sovereign wealth funds, and the role of tax policy, investment promotion, and policy advocacy, location branding, investment treaties, and national security considerations. Through its contributions to a new interdisciplinary understanding of international investment policy-making, this book will benefit students and scholars working in areas such as international business, international economic law, international economics, development economics, international development, and international political economy as well as being a valuable resource for policy-makers.
Author: Jose E. Alvarez
Publisher:
ISBN: 019979362X
Category : Law
Languages : en
Pages : 307
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Book Description
Papers from the second Columbia International Investment Conference, held Oct. 30-31, 2007, at Columbia University--Acknowledgements.
Author: Olivier De Schutter
Publisher: Routledge
ISBN: 1135128065
Category : Law
Languages : en
Pages : 359
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Book Description
This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.
Author: Julien Chaisse
Publisher: Springer
ISBN: 9811058822
Category : Law
Languages : en
Pages : 262
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Book Description
This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.
Author: Jeswald W. Salacuse
Publisher: OUP Oxford
ISBN: 0191009148
Category : Law
Languages : en
Pages : 529
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Book Description
The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law of investment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.
Author: Centre on Transnational Corporations (United Nations)
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 306
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Book Description
The increasing internationalization of the world's capital markets, evident in the past decade, has generated pressing economic, social & legal issues. Study & reform of these markets have become necessary in view of their changing nature & the growth of the transactions being conducted on them, as is recognised by market professionals, investors & regulators. Law may provide a framework in which market forces can operate, & parameters of fair behaviour. This new Yearbook offers a forum for debate & comment on such developments under the auspices of the recently formed Capital Markets Forum of the IBA's Section on Business Law (established as a private sector initiative). The Yearbook comprises Articles & Commentary on significant developments (for example, Volume 1 contains articles on 'What is an exchange?', 'The efficient market hypothesis', 'National treatment, harmonization & mutual recognition'), a Year-in-Review section, special reports on seminars & other events of note, a Literature section containing a bibliography & book reviews. Source materials are included when appropriate, & the subject index makes the Yearbook a very accessible source of information.
