Investment Protection in Brazil PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Investment Protection in Brazil PDF full book. Access full book title Investment Protection in Brazil by Daniel de Andrade Levy. Download full books in PDF and EPUB format.
Author: Daniel de Andrade Levy
Publisher:
ISBN: 9789041149619
Category : Business & Economics
Languages : en
Pages : 0
Get Book Here
Book Description
"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website
Author: Daniel de Andrade Levy
Publisher:
ISBN: 9789041149619
Category : Business & Economics
Languages : en
Pages : 0
Get Book Here
Book Description
"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website
Author: Catharine Titi
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Notorious for its non-participation in the international system of investment protections, Brazil is one of the most popular destinations for foreign direct investment (FDI) around the world. But unlike most countries, including its neighbours in Latin America, Brazil is neither party to any bilateral investment treaties (BITs) presently in force nor has it ever ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). And yet, the South American country may be on the verge of setting down an alternative and previously unforeseen track with the conclusion of the first cooperation and investment facilitation agreements (CFIAs). At this turning point in Brazil's investment treatymaking, this article explores the protection of foreign investment in Brazil in the absence of the traditional network of international investment agreements and the state's progressively changing approach to international investment law through the creation of a strong alternative negotiating model.
Author: Henrique Choer Moraes
Publisher:
ISBN:
Category :
Languages : en
Pages : 5
Get Book Here
Book Description
Brazil only recently joined the collection of states that have adopted international investment agreements (IIAs), but in doing so it developed a noteworthy approach in the form of the Cooperation and Facilitation Investment Agreement (CFIA). In this essay, we explore the characteristics and merits of this particular treaty model, making three points: First, the CFIA exhibits unique features that set it apart from traditional bilateral investment treaties (BITs), including the state-to-state management of investment relations and an emphasis on investment facilitation rather than investment protection. Second, the CFIA displays a degree of “interoperability” that has made it possible for Brazilian partners to sign these agreements while simultaneously holding BIT portfolios, despite significant differences between the two approaches. Finally, one of the CFIA's key features -- that of investment facilitation -- is a promising basis for reform in multilateral settings such as the World Trade Organization (WTO). In short, we believe that the CFIA offers an innovative and attractive option for states looking to supplement or revise traditional BITs, both bilaterally and multilaterally.
Author: Andrea Kupfer Schneider
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
In the past decade, investor-state arbitration has made tremendous gains in both credibility and use. There is now widespread accession to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Washington Convention”). States have executed more than 2,000 bilateral investment treaties (BITs) defining the terms and conditions under which one (“investor”) state's nationals and companies will invest in the other (“host”) state. Such terms include provisions allowing foreign investors to initiate arbitration proceedings against the host state, and at this point, more than 500 disputes have been submitted to investor-state arbitration. There is, however, one very notable example of a rapidly developing state that has rejected this system of international dispute resolution in favor of nation-level structures. That example is the largely industrialized state of Brazil. Brazil boasts the seventh largest economy in the world, $65 billion in foreign direct investment, and enticing investment opportunities in advance of its hosting of the 2014 World Cup and 2016 Olympic Games. But Brazil does not have a single BIT in force. Brazil's notorious absence from international investment arbitration has been described as the product of the region's recent economic history, coupled with technical and political barriers that have impeded the ratification of BITs in particular. Some commentators have also found that Brazil's failure to enact BITs and its general avoidance of international forums for dispute resolution are largely the result of shifting priorities on the part of the executive branch of the Brazilian government.Those who are most interested in international investment arbitration often present Brazil's choice not to ratify its BITs as problematic and, indeed, as a failure. This label, however, is only used by certain audiences in assessing Brazil's actions. Using Hirschman's theory of exit, voice, and loyalty -- supplemented by procedural justice research and theory -- a different conclusion emerges. The failure of Brazil's executive and legislative branches to reach agreement on BITs represents a story of Brazilian legislators' exit from the product that had been negotiated by the state's diplomats. But this exit also evidences the executive's acknowledgement and even-handed, dignified treatment of the voice expressed by Brazilian legislators. Ultimately, such voice and acknowledgement led to executive and legislative collaboration in the creation of new, unbundled legislation that responded to state concerns while also providing sufficient protection to foreign investors. Such products include: constitutional equal protection for foreign investors, protections for the free flow of capital, double taxation treaties, investment opportunities through privatization and concessions, and arbitration law reforms. For Brazil's domestic constituents and its foreign investors, these alternative approaches to investment protection actually represent superior products that were more responsive than BITs to the needs and interests of the state at that time. Far from representing failure, then, the development of these products represents a success for Brazil's domestic and foreign stakeholders. Perhaps as evidence of this, foreign investment in Brazil continues to be strong. Meanwhile, Brazil's role in foreign investment has evolved as its own multinational corporations increasingly engage in foreign investment. Inevitably, these corporations seek to reduce the risk of their foreign investments. As a result, they may encourage Brazil's executive and legislative branches to take a second look at BITs. As circumstances change, so may the definition of success. Ultimately, the Article urges that Hirschman's theory and the theories and research regarding procedural justice encourage a reconceptualization of Brazil's alleged “failure” in choosing not to ratify the BITs that had been negotiated by its diplomats.
Author: Marina Martins Martes
Publisher: Editora Dialética
ISBN: 6525294614
Category : Law
Languages : en
Pages : 173
Get Book Here
Book Description
This research evaluates whether the new model of investment agreement developed by Brazil (CFIA) is a mechanism for enhancing protection and respect for social and economic rights. The research starts by exploring the origins of investment treaties, their development and main characteristics. It examines why investment treaties and socio-economic rights are related, by mapping cases in which investment treaties have already impaired the protection of such rights. The research then analyzes how these two issues shall be jointly handled. It considers international organizations? initiatives to regulate business and human rights and investment treaties? frameworks that foster sustainable development, as well as new investment agreements? models developed by different countries, and then suggests criteria for evaluating whether an investment treaty is adequate from the socio-economic rights standpoint. Finally, this research investigates the CFIA model, brings a brief historical overview, evaluates CFIAs? wording, and examines how some CFIAs? institutional mechanisms consider corporate social responsibility issues. In conclusion, this research asserts that the CFIA model can be a mechanism for enhancing protection and respect for socio-economic rights, but some concerns (particularly related to safeguarding States? regulatory space and providing for stronger obligations to investors and States to protect human rights) need to be addressed.
Author: Jonathan C. Hamilton
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218645
Category : Law
Languages : en
Pages : 646
Get Book Here
Book Description
Latin American Investment Protections provides a unique country-by-country discussion of legal protections and dispute resolution/arbitration relating to foreign investment in Latin America, including applicable national laws, international treaties, stabilization regimes and known investor-State disputes.
Author: Congyan Cai
Publisher: BRILL
ISBN: 9004376992
Category : Law
Languages : en
Pages : 255
Get Book Here
Book Description
The BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.
Author: Cristina Tessari
Publisher: International Monetary Fund
ISBN: 1475586744
Category : Business & Economics
Languages : en
Pages : 38
Get Book Here
Book Description
In recent years, Brazil has achieved substantial progress in capital market development by building a diversified investor base and expanding the menu of available financial instruments. In this context, we evaluated the invested Brazilian market portfolio for a period spanning 2005–15. This is a portfolio of all assets proportionally weighted by their market capitalization, and it is divided in eight broad categories: government bonds, equities, bank funding bonds, corporate bonds, real-estate, agribusiness, private-equity, and credit bonds. While the paper focuses on stylized facts related to market size, composition weighting and changes over time, the estimated market portfolio contains important information for policy makers and market participants alike.
Author: Daniel Favoretto
Publisher: buch & netz
ISBN: 303805657X
Category : Law
Languages : en
Pages : 128
Get Book Here
Book Description
What are the potential sources of conflict of interests in investment advisory services and how should the law design legal tools of retail investor protection? These are the questions addressed by this book, which explores the new legal challenges of investor protection in the context of digital investment platforms and genAI advisors. The author analyses the investor protection tools provided by competition law, regulatory and private law frameworks, taking Brazil as case study, where investment advisory experienced a unique market change and a major regulatory reform. This book addresses a worldwide audience and concludes with a set of policy recommendations.
Author: Nitish Monebhurrun
Publisher: Springer Nature
ISBN: 3031493826
Category : Arbitration and award
Languages : en
Pages : 276
Get Book Here
Book Description
Zusammenfassung: The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law. The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil, Colombia, Peru, and Mexico are perused
