Regulation Of Foreign Investment: Challenges To International Harmonization PDF Download
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Author: Zdenek Drabek
Publisher: World Scientific
ISBN: 9814401633
Category : Law
Languages : en
Pages : 510
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Book Description
The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities.
Author: Zdenek Drabek
Publisher: World Scientific
ISBN: 9814401633
Category : Law
Languages : en
Pages : 510
Get Book Here
Book Description
The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities.
Author: Lone Wandahl Mouyal
Publisher: Routledge
ISBN: 1317408020
Category : Business & Economics
Languages : en
Pages : 283
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Book Description
The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309057299
Category : Political Science
Languages : en
Pages : 451
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Book Description
Author: World Bank
Publisher: World Bank Publications
ISBN: 1464815437
Category : Business & Economics
Languages : en
Pages : 343
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Book Description
The Global Investment Competitiveness Report 2019-2020 provides novel analytical insights, empirical evidence, and actionable recommendations for governments seeking to enhance investor confidence in times of uncertainty. The report's findings and policy recommendations are organized around "3 ICs" - they provide guidance to governments on how to increase investments' contributions to their country's development, enhance investor confidence, and foster their economies' investment competitiveness.The report presents results of a new survey of more than 2,400 business executives representing FDI in 10 large developing countries: Brazil, China, India, Indonesia, Malaysia, Mexico, Nigeria, Thailand, Turkey, and Vietnam. The results show that over half of surveyed foreign businesses have already been adversely affected by policy uncertainty, experiencing a decrease in employment, firm productivity, or investment. Foreign investors report that supporting political environments, stable macroeconomic conditions, and conducive regulatory regimes are their top three investment decision factors. Moreover, the report's new global database of regulatory risk shows that predictability and transparency increase investor confidence and FDI flows.The report also assesses the impact of FD! on poverty, inequality, employment, and firm performance using evidence from various countries. It shows that FDI in developing countries yields benefits to their firms and citizens-including more and better-paid jobs-but governments need to be vigilant about possible adverse consequences on income distribution.The report is organized in S chapters: Chapter 1 presents the results of the foreign investor survey. Chapter 2 explores the differential performance and development impact of greenfield FDI, local firms acquired by multinational corporations {i.e. brownfield FDI), and domestically-owned firms using evidence from six countries. Chapter 3 assesses the impact of FDI on poverty, inequality, employment and wages, using case study evidence from Ethiopia, Turkey and Vietnam. Chapter 4 presents a new framework to measure FDI regulatory risk that is linked to specific legal and regulatory measures. Chapter S focuses on factors for increasing the effectiveness of investment promotion agencies.
Author: Jose Daniel Amado
Publisher: Cambridge University Press
ISBN: 1108244866
Category : Law
Languages : en
Pages : 221
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Book Description
Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals.
Author: Karl P. Sauvant
Publisher: Oxford University Press, USA
ISBN: 0199812357
Category : Business & Economics
Languages : en
Pages : 1082
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Book Description
The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.
Author:
Publisher: BRILL
ISBN: 9004393412
Category : Law
Languages : en
Pages : 660
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Book Description
Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)’s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law.
Author: Keith Eugene Maskus
Publisher: Peterson Institute
ISBN: 0881325074
Category : Business & Economics
Languages : en
Pages : 391
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Book Description
Consumers constantly confront intellectual property rights (IPRs) every day, from their morning cup of Starbucks coffee to the Intel chip on their computer at work. Intellectual property rights help protect creative inventions in the form of trademarks, copyrights, and patents. Despite legal protection, many goods--including music and video files--are easily copied or shared, which affects industries, innovators, and customers. In his follow-up to one of the most popular PIIE titles of all time, Keith Maskus looks at the expansion of private legal rights into international trade markets, not only for technological items but also for international public goods like vaccines and prescription drugs. Private Rights and Public Problems assesses IPR issues for users, producers, and innovators and the difficulty of establishing an international policy regime that governs IPRs in all markets. Post-industrial countries have preferential terms for licensing and selling products, in part because they develop more global brands and products. Maskus observes that in these countries the primacy of private property raises contentious international debate between innovation owners in rich countries and followers and users in emerging and poor countries. Maskus explores if increased privacy regulations limit innovation and pose artificial and real barriers, such as decreased information accessibility and increased cost. This book addresses a fundamental issue: should basic scientific and technological knowledge be commoditized? In this guide to the current global impact of IPRs, the author analyzes the economic contribution of IPRs underlying features: innovation and access to international technologies.
Author: Philippa Dee
Publisher: World Scientific
ISBN: 9814447749
Category : Business & Economics
Languages : en
Pages : 395
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Book Description
This book presents a state-of-the-art evaluation of the benefits and costs of behind-the-border services reform. It introduces new, second-generation methods for quantifying regulatory barriers and applies those methods to a wide range of services sectors — financial, infrastructure and social — in a broad spectrum of countries. It uses advanced modeling techniques to project the sectoral, economy-wide and regional effects of services reforms, as well as highlight their adjustment costs. The empirical results offer fresh guidance to policy-makers, who need better information bases with which to prioritize services reforms and devise pathways to achieving them. The empirical methods provide invaluable tools to academics, researchers and policy advisors, who can use them to further improve those information bases. Priorities and Pathways in Services Reform: Part I — Quantitative Studies presents new methodological frameworks for assessing and prioritizing services reforms, and provides an up-to-date evaluation of the policy impacts across a range of services markets and countries. Part II — Political Economy furthers the conversation by analyzing what it takes for a reform to succeed.
Author: Philippa S. Dee
Publisher: World Scientific
ISBN: 9814447730
Category : Business & Economics
Languages : en
Pages : 395
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Book Description
This book presents a state-of-the-art evaluation of the benefits and costs of behind-the-border services reform. It introduces new, second-generation methods for quantifying regulatory barriers and applies those methods to a wide range of services sectors OCo financial, infrastructure and social OCo in a broad spectrum of countries. It uses advanced modeling techniques to project the sectoral, economy-wide and regional effects of services reforms, as well as highlight their adjustment costs. The empirical results offer fresh guidance to policy-makers, who need better information bases with which to prioritize services reforms and devise pathways to achieving them. The empirical methods provide invaluable tools to academics, researchers and policy advisors, who can use them to further improve those information bases. Priorities and Pathways in Services Reform: Part I OCo Quantitative Studies presents new methodological frameworks for assessing and prioritizing services reforms, and provides an up-to-date evaluation of the policy impacts across a range of services markets and countries. Part II OCo Political Economy furthers the conversation by analyzing what it takes for a reform to succeed.
