the effect of treaties on foreign direct investment bilateral investment treaties double taxation treaties and investment flows

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The Effect Of Treaties On Foreign Direct Investment

Author : Karl P Sauvant
ISBN : 9780199745180
Genre : Law
File Size : 39. 16 MB
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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.

Substantive Protection Under Investment Treaties

Author : Jonathan Bonnitcha
ISBN : 9781107042414
Genre : Law
File Size : 85. 78 MB
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This book seeks to determine the level of substantive protection that investment treaties should provide to foreign investment.

Evolution In Investment Treaty Law And Arbitration

Author : Chester Brown
ISBN : 9781139503617
Genre : Law
File Size : 66. 47 MB
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International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Asia Rising

Author : Hal Hill
ISBN : 9781781007983
Genre : Business & Economics
File Size : 44. 8 MB
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'This book provides a coherent and current account of how India, Indonesia, Malaysia, Thailand, the Philippines and the People's Republic of China coped with the Asian financial crisis of the 1990s and the recent global economic recession, and how they may address future challenges in maintaining growth in difficult times. It features a valuable overview of issues from a regional perspective, five chapters on general elements and obstacles in development, and individual chapters on the experience of each of the six countries. Every chapter is replete with relevant institutional and statistical data. The volume fills a void in the literature and is highly recommended for graduate students and for economists concerned with contemporary Asia.' – Peter Drake, The University of New England and Australian Catholic University, Australia 'To understand what makes Asia tick in the face of continuing global uncertainty and instability one has to go beyond numbers into the region's psyche and idiosyncrasies. This volume provides an interestingly intrusive and refreshingly insightful analysis of a highly complex phenomenon that defies generalizations as shown by the diversity of individual country experiences.' – Mohamed Ariff, International Centre for Education in Islamic Finance (INCEIF), Malaysia The center of global economic activity is shifting rapidly towards Asia, driven by a combination of the economic dynamism of the People's Republic of China, India, and other middle-income Asian countries, and sluggish growth in the OECD economies. The rapid growth and rising global prominence have raised a range of major challenges for Asia and for the rest of the world. This comprehensive, forward-looking book examines these issues through in-depth studies of major Asian economies and an analysis of the key development policy options. The contributors, leading international authorities in their field, explore cross-cutting thematic issues with special reference to developing Asia. They address a broad range of subjects including: investment and productivity, savings and the savings–investment relationship, financial development, the provision of infrastructure, and governance and institutions. Detailed country studies focusing on the People's Republic of China, India, Indonesia, Malaysia, the Philippines, and Thailand not only provide an analytical narrative for each case study, but also draw attention to the similarities and diversity within the region. This challenging and thought-provoking book will prove an important point of reference for scholars, researchers, and students in the fields of economics, development economics, and Asian studies.

Foreign Direct Investment And Human Development

Author : Olivier De Schutter
ISBN : 9781135128067
Genre : Law
File Size : 37. 38 MB
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This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

The Foundations Of International Investment Law

Author : Zachary Douglas
ISBN : 9780191508585
Genre : Law
File Size : 24. 10 MB
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

The Thin Justice Of International Law

Author : Steven R. Ratner
ISBN : 9780191009112
Genre : Law
File Size : 60. 10 MB
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Michigan Journal Of International Law

Author :
ISBN : OSU:32437121997577
Genre : International law
File Size : 36. 96 MB
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Internationalization Innovation And Sustainability Of Mncs In Latin America

Author : Leonardo Liberman
ISBN : UCSD:31822040764284
Genre : Business & Economics
File Size : 41. 31 MB
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As global and regional integration move forward, firms must be innovative and sustainable when setting up operations in new countries and markets. The AIB-LAT book series presents research findings and theoretical developments in international business, with special emphasis on studies focusing on internationalization, innovation and sustainability in Latin America – three increasingly interconnected and important issues for firms around the world. Latin America continues to gather business and academic attention as the region plays a growing role in the global economy. The chapters of this volume will further readers' understanding of how business enterprises from and in Latin America strive to create and implement sustainable and innovative solutions while developing their international operations by presenting research findings from top scholars working in the region.

International Energy Investment Law

Author : Peter D. Cameron
ISBN : STANFORD:36105134509186
Genre : Law
File Size : 58. 48 MB
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Long term contracts have been used in the international petroleum industry since its earliest days. However, they have been prone to unilateral revision by host governments in countries where the petroleum reserves are located. In the 1970s a wave of nationalisations and contractrenegotiations led to a number of much cited arbitral awards and significant changes in contracting practice in the international petroleum industry. Recently, it has become clear that a new wave of unilateral state action is taking place in the international petroleum industry, most evidently inLatin America and Russia. These developments increase the tempo of a long-term process in which the exposure of largely privately owned Western energy companies to unilateral state action has been increasing. The book asks: how have legal processes and instruments developed to mitigate that growingexposure, and why have they had so little success? This monograph examines and assesses the variety of legal instruments from international and commercial law that have been designed to promote stability in long-term contracts in the international energy industry (including dedicated contract provisions, bilateral investment treaties andmultilateral treaty instruments). It covers both energy production and networks involving large-scale fixed infrastructure. It pays particular attention to their practical impact through an analysis of their enforcement by arbitration tribunals and bodies, such as the ICSID, the ICC and the LCIA.The book also examines the growing challenges presented by environmental and 'social' risk to the stability of long-term agreements. The book's approach is both analytical and historical, locating legal instruments and enforcement awards in their context, discussing their origins and purpose.

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