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Author: Xena Dominique Ngoya Tsimi
Publisher: Eliva Press
ISBN: 9789994984626
Category :
Languages : en
Pages : 0
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Book Description
This Book provides an analysis of the protection of Foreign Direct Investments in the OHADA area, specifically, its regulation by the Treaty of the Organization for the Harmonization of Business Law in Africa (OHADA Treaty). It is to restore legal and judicial security within their scope that OHADA member countries have undertaken to harmonize and unify their economic sector legislation to attract foreign investment as a factor in Economic Development. Several national and international legal instruments are responsible for the protection of foreign direct investment in OHADA countries. Indeed, the volume of foreign direct investment (FDI) to developing countries increased considerably during the 1990s; As Africa is now one of the favorite destinations for Western and even African investors, it is becoming a very profitable continent for investors. However, the issue of regulating or securing foreign investment in African countries is still flawed. If we stick to the purpose of the organization prescribed in paragraph 5 of the preamble to the OHADA Treaty, which states that the purpose of the OHADA law is to "promote the growth of economic activity and encourage investment." given the definition of business law by Article 2 of that treaty, although the list of subjects is not exhaustive, investment remains absent. Thus, Foreign Investment is not regulated by the OHADA Treaty, so even investment-related activities are regulated by other subjects like corporate law, commercial law, security law. This work proposes a reflection that the OHADA Treaty should be modernized through reform including investment and many other issues to deal effectively with the issue of foreign investment given the ineffectiveness of national and subregional instruments in this area.
Author: Xena Dominique Ngoya Tsimi
Publisher: Eliva Press
ISBN: 9789994984626
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This Book provides an analysis of the protection of Foreign Direct Investments in the OHADA area, specifically, its regulation by the Treaty of the Organization for the Harmonization of Business Law in Africa (OHADA Treaty). It is to restore legal and judicial security within their scope that OHADA member countries have undertaken to harmonize and unify their economic sector legislation to attract foreign investment as a factor in Economic Development. Several national and international legal instruments are responsible for the protection of foreign direct investment in OHADA countries. Indeed, the volume of foreign direct investment (FDI) to developing countries increased considerably during the 1990s; As Africa is now one of the favorite destinations for Western and even African investors, it is becoming a very profitable continent for investors. However, the issue of regulating or securing foreign investment in African countries is still flawed. If we stick to the purpose of the organization prescribed in paragraph 5 of the preamble to the OHADA Treaty, which states that the purpose of the OHADA law is to "promote the growth of economic activity and encourage investment." given the definition of business law by Article 2 of that treaty, although the list of subjects is not exhaustive, investment remains absent. Thus, Foreign Investment is not regulated by the OHADA Treaty, so even investment-related activities are regulated by other subjects like corporate law, commercial law, security law. This work proposes a reflection that the OHADA Treaty should be modernized through reform including investment and many other issues to deal effectively with the issue of foreign investment given the ineffectiveness of national and subregional instruments in this area.
Author: Dominique Ngoya
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This paper analyzes the protection of Foreign Direct Investments in the OHADA area, specifically, its regulation by the Treaty of Organization and Harmonization in Africa of Business Law (OHADA Treaty). It is to restore legal and judicial security within their scope that OHADA member countries have undertaken to harmonize and unify their economic sector legislation to attract foreign investment as a factor in economic development. Several national and international legal instruments are responsible for the protection of foreign direct investment in OHADA countries. Indeed, the volume of foreign direct investment (FDI) to developing countries increased considerably during the 1990s; As Africa is now one of the favorite destinations for Western and even African investors, it is becoming a very profitable continent for investors. However, the issue of regulating or securing foreign investment in African countries is still flawed. The establishment of OHADA, in a way, is in the same direction; if we stick to the purpose of the organization prescribed in paragraph 5 of the preamble to the OHADA Treaty, which states that the purpose of the OHADA law is to "promote the growth of economic activity and encourage investment." Unfortunately, this objective remains only an announcement of the preamble to the Treaty, because of the definition of business law given by Article 2 of that treaty. However, the list of subjects is not exhaustive, investment remains absent. Thus, foreign investment is not regulated by the OHADA Treaty, so even investment-related activities are held by other subjects (corporate law, commercial law, and security law). The omission of FDI in the scope of the OHADA Treaty leads us to raise the question of its regulation.This work proposes a reflection that the OHADA Treaty should be modernized through reform including investment and many other issues to deal effectively with the issue of foreign investment given the ineffectiveness of national and sub-regional instruments in this area.
Author: Talkmore Chidede
Publisher: Anchor Academic Publishing
ISBN: 3960670508
Category : Business & Economics
Languages : en
Pages : 245
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Book Description
This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.
Author: M. Sornarajah
Publisher: Cambridge University Press
ISBN: 9780521465281
Category : Law
Languages : en
Pages : 124
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Book Description
The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.
Author: Ibrahim F. I. Shihata
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792325253
Category : Law
Languages : en
Pages : 492
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Book Description
Corporation law dates from the 19th century when the growth of business enterprise required a division between the private & the company sphere, making the company a legal person with its own rights, responsibilities & liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees & the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. & elsewhere.
Author: Valentine Nde Fru
Publisher: LIT Verlag Münster
ISBN: 3643109741
Category : Law
Languages : en
Pages : 236
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Book Description
Author: Nicholas Olwor
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In the past two decades, there have been significant changes in national and international policies of foreign direct investment (FDI). These changes have been both cause and effect in the ongoing integration of the world economy and the changing role of FDI in it. They have found expression in national laws and practices and in a variety of international instruments which includes bilateral, regional and multilateral. Traditionally, African States have played an active and relevant role in the formulation and development of international investment law. Generally, the contribution of these states is demonstrated through active participation in deliberations of the Non-Aligned Movement, the role of African States in the creation of specialized institutions such as UCTAD and the strategic use of numerical strength to sponsor numerous United Nations Resolutions. During the epitome of Africa's active participation, African States aggressively resisted the internationalization of foreign investment rules. However, the practice of African States appears to have changed through the conclusion of BITs containing far-reaching treaty provisions.While in earlier times indirect foreign investment was far more important than direct one, FDI acquired increasing importance as the twentieth century advanced, and it began gradually to assume the forms prevalent today. In international legal terms, however, FDI long remained a matter mainly of national concern, moving onto the international plane, where rules and principles of customary international law applied, only in exceptional cases, when arbitrary government measures affected it.After the Second World War, attitudes towards FDI and policies and conditions in host countries were shaped by the prevalence of political support for state control over the economy and the beginning of decolonialization. Socialist countries for a longtime excluded FDI from their territories, while developing countries endeavored to regain control of their natural resources from foreign interests. At the same time, controls and restrictions over entry and operations of foreign firms were imposed in many countries, with a view to excluding FDI from certain industries for the benefit of domestic investors or the State, determining the specific terms under which investments were to be made, and ensuring the participation of local nationals in major industries. No international consensus on the pertinent legal norms could be reached at the time.In the 1980s, a series of national and international developments radically reversed the policy trends prevailing then, with an immediate impact both on national policies regarding inward FDI and on regional and worldwide efforts at establishing international rules on the subject. Now at the end of the 1990s, host countries are seeking to attract FDI, by dismantling restrictions on its entry and operations and by offering strict guarantees, both national and international, against measures seriously damaging the investors' interests. The tone and direction of international legal discourse has significantly changed. Debate among policy makers is now centered on the most efficient ways of attracting FDI and deriving benefits from it rather than on questions of jurisdiction.An international legal framework for FDI has begun to emerge. It consists of many kinds of national and international rules and principles, of diverse form and origin, differing in strength and degree of specificity. The entire structure rests on the twin foundations of customary international law and national laws and regulations and relies for its substance on a multitude of international investment agreements (IIAs) and other legal instruments.An extensive network of bilateral investment promotion and protection treaties has come into existence. They are highly standardized, yet they appear to be capable of adapting to special circumstances. Their principal focus has been from the very start on the protection of investments against nationalizations or expropriations and on free transfer of funds, although they also cover a number of other areas. Regional and plurilateral international arrangements, while binding on a limited number of countries in each case, are increasingly important in matters of FDI. They help to change pre-existing structures of law and policy and create important habits and patterns of expectations on a broader transnational level. Economic integration agreements are a significant subcategory of regional instruments, whose importance has grown in recent years. At the multilateral level, there is no comprehensive instrument on the subject, although a number of recent multilateral instruments of less comprehensive scope are directly relevant, dealing with particular aspects of the FDI process.Legal rules of other kinds, of varying normative intensity and general applicability are also relevant. Soft law texts, adopted by States or international organizations on a non-binding basis, are important elements of the framework. Corporate codes of conduct and other texts of private origin help to formulate widely accepted prescriptions. Traditional arbitration not only provides useful procedures for dispute settlement but also, through the corpus of its awards, gradually fills in the normative conceptual framework for FDI issues.In terms of substance, the provisions of IIAs must be perceived in their constant interaction with national policies and measures. They concern two principal types of issues. A first class of provisions is linked to the process of liberalization, which, in its application to FDI, involves the gradual decrease or elimination of measures and restrictions on the entry and operations of firms, especially foreign ones; the application of positive standards of treatment with a view to the elimination of discrimination against foreign enterprises; and implementation of measures and policies seeking to promote the operation of markets. A second category of issues covers provisions that concern the protection of foreign investments already made against government measures damaging to them. As to both types of issues, it is important to consider the provisions and approaches which import into the operation of IIAs the flexibility necessary for enhancing the development of the host countries concerned.The past decades witnessed an increasingly rapid escalation towards globalization in the world economy. In spite of the tremendous growth of FDI flows and the ambitious expansion of MNEs, no single comprehensive set of multilateral rules has been reached governing the issue of FDI. Developing countries have generally resisted the adoption of a multilateral treaty protecting and encouraging FDI, while industrialized nations, on the other hand, have felt a great need for such an agreement, seeking to establish high standards of liberalization for global investment movements. An international legal framework for FDI has begun to emerge in recent times, which is actually in response to the current uncertainty of the customary international law. It includes, inter alia, national statutory regimes, and international rules and principles established at bilateral, regional and multilateral level. The BITs have played an important role in this process, and the rapid proliferation of these treaties signifies their importance as the potential foundation upon which a future multilateral agreement can be built. Two recent developments have further brought the issue to the fore of the international community: first, the embodiment of a set of investment related rules in the multilateral trading system, and second, the initiative of the OECD to promote an MAI. While the TRIMS Agreement was rather conservative in scope, applying merely to investment measures that have distorting effects on trade in goods, the negotiations on MAI appeared to be far more ambitious. However, the fundamental premise upon which the MAI has been built is considerably flawed and one-sided, which has indeed resulted in its abortion. From the perspective of developing countries, the most significant issue at point is precisely how a multilateral framework can be formulated in such a flexible manner that they could remain sufficient margin of autonomy to benefit from the inward FDI, and thereby pursue their own economic development objectives.
Author: Thomas Nektarios Papanastasiou
Publisher: Quid Pro, LLC
ISBN: 9781610273190
Category : Business & Economics
Languages : en
Pages : 284
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Book Description
'The Legal Protection of Foreign Investments Against Political Risk' examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis-using case studies and international law, and examining actual contracts-to the specific context of foreign investment in five Asian countries' power infrastructure projects. "Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou's book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions." - Junji Nakagawa, Professor of International Economic Law, Institute of Social Science, University of Tokyo; Author, International Harmonization of Economic Regulation (Oxford Univ. Press, 2011) "This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients' property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices." - N. Stephan Kinsella, Attorney, Houston, Texas; Co-author, International Investment, Political Risk, and Dispute Resolution (OUP, 2005) "This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries." - Shujiro Urata, Professor of International Economics, Graduate School of Asian Pacific Studies, Waseda University; Co-editor, Economic Consequences of Globalization: Evidence from East Asia (Routledge, 2012)"
Author: Wenhua Shan
Publisher:
ISBN: 9781472566072
Category : Electronic books
Languages : en
Pages : 730
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Book Description
This book brings together leading investment lawyers from more than 20 jurisdictions to produce a comparative study of foreign investment law. As such the book will provide a unique resource for investment lawyers.
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.
