Author: Thomas Pollan
Publisher: Eleven International Publishing
ISBN: 9077596151
Category : Investments, Foreign
Languages : en
Pages : 338
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Book Description
The law on foreign direct investment (FDI) belongs to the fastest changing legal field in international law. Investors and the host state have long left behind a relationship dominated by the host state's desire to screen and choose FDI. In the current market for FDI, both parties try to assert influence, but in the end the scarcity of FDI is the decisive factor. This book provides an in-depth study of the legal framework for the admission of FDI and presents insights into the pros and cons of various admission models. Its goal is to identify legal and policy options that serve the host state's and investor's common needs. The book is a comprehensive, easy reference handbook that is of interest to lawyers, academics and policy makers.
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: Ibrahim F.I. Shihata
Publisher: BRILL
ISBN: 9004637958
Category : Law
Languages : en
Pages : 486
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Book Description
Author: Yuwen Li
Publisher: Taylor & Francis
ISBN: 1000971074
Category : Law
Languages : en
Pages : 230
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Book Description
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.
Author: Richard W. Roeder
Publisher: Springer
ISBN: 3319312170
Category : Law
Languages : en
Pages : 222
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Book Description
This work analyzes and compares the legal framework for foreign investments in the mining sector in Australia, South Africa and Colombia. The admission of foreign investments, corporate structure requirements, ownership of minerals and mineral rights, mining licenses, land access, performance requirements, distribution of profits and the tax regime, repatriation of profits, national and international dispute resolution mechanisms and the question of the Social License to Operate (SLO) / Corporate Social Responsibility (CSR) policies are discussed in detail. The work concludes with an outlook on the future regulation of foreign mining investments and finally suggests the development of an International Mining Investment Law.
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: E. Nieuwenhuys
Publisher: Kluwer Law International B.V.
ISBN: 904119844X
Category : Business & Economics
Languages : en
Pages : 254
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Book Description
In the wake of the notable failure of the OECD draft Multilateral Agreement on Investment (MAI), it has become clear that any attempt to regulate investment at the global level must pay serious attention to the position of developing countries. This remarkable collection of essays sheds penetrating light on this and other legal, political, and economic issues affecting the intense international debate on this important subject. The result of a symposium sponsored in April 1999 by the E.M. Meijers Institute of Legal Studies at Leiden University, Multilateral Regulation of Investment presents the incisive views of nine outstanding authorities, both academics and practitioners, in disciplines related to investment and development. Among the essential criteria proposed for a successful global regulatory framework for investment are the following: involvement at the national level of all sectors of the economy in drafting a national position; involvement from the start of multilateral negotiations of both developing and developed countries; transparency of negotiations; balance between investment protection and the right to regulate; and respect for core labour standards and human rights. The authors agree in seeing the objectives of the multilateral regulation of investment, both direct and portfolio, as not only reducing risk but also enhancing trust between investors and states, as host states must be sure that foreign investors will genuinely contribute to sustainable development and the well-being of their populations.
Author: Wenhua Shan
Publisher: Bloomsbury Publishing
ISBN: 1847311113
Category : Law
Languages : en
Pages : 414
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Book Description
EU investment in China has increased dramatically since the early 1990s and is poised to increase further in light of Chinas recent accession to the World Trade Organisation. This book explores and critically appraises the existing legal framework governing EU-China investment relations,particularly EU investment in China. The current legal framework is composed of Chinese law, EU law and applicable international law, but the Chinese law is unsystematic and hard to discover and the EU has acquired only shared external investment competence which is vaguely defined. The applicable international treaties are incomplete, incoherent, or either too general or too specialised. Besides this, the international fora to settle investment disputes are still not readily available. Furthermore while law has played a very important role in decision-making by EU investors, the Chinese legal system is generally perceived as ineffective and lacking in effective enforcement of court and arbitration decisions. What the book demonstrates is that the time is ripe for a new international legal framework for foreign investment in China, and that as EU-China economic and political relations continue to improve, construction of such a framework is not only necessary, but also possible.
Author: Philip Strik
Publisher: Hart Publishing
ISBN: 9781849465427
Category : Law
Languages : en
Pages : 318
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Book Description
The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.
Author: Angelos Dimopoulos
Publisher: Oxford University Press
ISBN: 0199698600
Category : Business & Economics
Languages : en
Pages : 414
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Book Description
Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.
