EU Framework for Foreign Direct Investment Control PDF Download
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Author: Jacques H. J. Bourgeois
Publisher: Kluwer Law International
ISBN: 9789403518831
Category : Investments, Foreign
Languages : en
Pages : 0
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Book Description
Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. This book is supposed to improve the practitioners? understanding of the EU regulatory layer now coming on top of FDI screening at the Member State level. Practitioners active in competition law, particularly mergers and acquisitions, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.
Author: Jacques H. J. Bourgeois
Publisher: Kluwer Law International
ISBN: 9789403518831
Category : Investments, Foreign
Languages : en
Pages : 0
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Book Description
Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. This book is supposed to improve the practitioners? understanding of the EU regulatory layer now coming on top of FDI screening at the Member State level. Practitioners active in competition law, particularly mergers and acquisitions, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.
Author: James K. Jackson
Publisher:
ISBN: 9781437927078
Category :
Languages : en
Pages : 21
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Book Description
CFIUS is comprised of 9 members, two ex officio members, and other members as appointed by the Pres. representing major departments and agencies within the Exec. Branch. While the group generally has operated in relative obscurity, the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in 2006 placed the group¿s operations under intense scrutiny. Contents of this report: Background; Establishment of CFIUS; The ¿Exon-Florio¿ Provision; Treasury Dept. Regulations; The ¿Byrd Amendment¿; The Amended CFIUS Process; Procedures; Factors for Consideration; Confidentiality Require.; Mitigation and Tracking; Congressional Oversight; CFIUS Since Exon-Florio; Impact of the Exon-Florio Process on CFIUS. Illus.
Author: Alfred Escher
Publisher: Springer
ISBN: 9789041112149
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled businesses as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources. Consequently, it is always changing. The various actors involved, including transnational corporations, local companies, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors or their local counterparts and financial intermediaries, each follow their own interests. By its nature, FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators. Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires an ongoing learning process for all who wish to understand and successfully manage foreign investment transactions. All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. The authors of this book are all concerned with FDI as either academics or practicioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts: first, a general introduction on FDI by Dr. Escher; next, an analysis on the emerging international law on FDI and related areas; and finally, an overview of FDI law in a variety of countries in Asia, Africa, Latin-America, and Europe.
Author: Markus Krajewski
Publisher: Edward Elgar Publishing
ISBN: 1785369857
Category : Commercial treaties
Languages : en
Pages : 739
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Book Description
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Author: Edward Montgomery Graham
Publisher: Peterson Institute
ISBN:
Category : Business & Economics
Languages : en
Pages : 236
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Book Description
Examines foreign direct investment (FDI) in the United States, the national security concerns associated with this investment, and treatment of these concerns under US policy. This book asks whether the Committee on Foreign Investments in the United States (CFIUS) process can be improved and answers in the affirmative.Does foreign ownership of American businesses pose a threat to the United States (like the abortive attempt by CNOOC, a Chinese company, to purchase Unocal during the summer of 2005)? This important new book examines foreign direct investment (FDI) in the United States, the national security concerns associated with this investment, and treatment of these concerns under US policy. It asks whether the Committee on Foreign Investments in the United States (CFIUS) process can be improved and answers in the affirmative. The book starts by looking at the review process for foreign takeovers of US firms (including a historical review), looks at the economic and political impact on the United States of foreign direct investment, takes a detailed look at issues relating to FDI posed by the rise of China as an economic and geopolitical power and finally suggests some changes to the Exon-Florio process.
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: Flavia Marisi
Publisher: Kluwer Law International B.V.
ISBN: 9403517301
Category : Law
Languages : en
Pages : 302
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Book Description
Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Author: Calvin S. Goldman
Publisher:
ISBN: 9781838624545
Category : Investments, Foreign
Languages : en
Pages : 293
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Book Description
Author: M. Sornarajah
Publisher: Cambridge University Press
ISBN: 0521763274
Category : Law
Languages : en
Pages : 555
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Book Description
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author: Maria Laura Gómez Mera
Publisher: World Bank Publications
ISBN: 9781464803710
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
This study analyzes the characteristics, motivations, strategies, and needs of FDI from emerging markets. It draws from a survey of investors and potential investors in Brazil, India, South Korea, and South Africa.
