› › The Impact Of Bilateral Investment Treaties On Foreign Direct Investment

The Effect of Treaties on Foreign Direct Investment

Author : Karl P Sauvant

Publisher : Oxford University Press

Page : 795 pages

File Size : 35,66 MB

Release : 2009-03-27

Category : Law

ISBN : 0199745188

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Book Description

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.



The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

Author : Jan Ole Voss

Publisher : Martinus Nijhoff Publishers

Page : 402 pages

File Size : 25,45 MB

Release : 2010-12-10

Category : Law

ISBN : 9004192239

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Book Description

In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????



International Investment Treaties and Arbitration Across Asia

Author : Julien Chaisse

Publisher : BRILL

Page : 725 pages

File Size : 47,48 MB

Release : 2017-12-18

Category : Law

ISBN : 9004360107

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Book Description

International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.





The Impact of Investment Treaty Law on Host States

Author : Mavluda Sattorova

Publisher : Bloomsbury Publishing

Page : 362 pages

File Size : 39,80 MB

Release : 2018-02-08

Category : Law

ISBN : 1509901981

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Book Description

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.



The Effects of Taxation on Multinational Corporations

Author : Martin Feldstein

Publisher : University of Chicago Press

Page : 338 pages

File Size : 39,12 MB

Release : 2007-12-01

Category : Business & Economics

ISBN : 0226241874

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Book Description

The tax rules of the United States and other countries have intended and unintended effects on the operations of multinational corporations, influencing everything from the formation and allocation of capital to competitive strategies. The growing importance of international business has led economists to reconsider whether current systems of taxing international income are viable in a world of significant capital market integration and global commercial competition. In an attempt to quantify the effect of tax policy on international investment choices, this volume presents in-depth analyses of the interaction of international tax rules and the investment decisions of multinational enterprises. Ten papers assess the role played by multinational firms and their investment in the U.S. economy and the design of international tax rules for multinational investment; analyze channels through which international tax rules affect the costs of international business activities; and examine ways in which international tax rules affect financing decisions of multinational firms. As a group, the papers demonstrate that international tax rules have significant effects on firms' investment and other financing decisions.



Fair and Equitable Treatment

Author : United Nations Conference on Trade and Development

Publisher :

Page : 0 pages

File Size : 19,89 MB

Release : 2012

Category : Discrimination

ISBN : 9789211128277

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Book Description

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.



Foreign Direct Investment (FDI) in India

Author : Niti Bhasin

Publisher :

Page : 0 pages

File Size : 35,95 MB

Release : 2012

Category : Investments, Foreign

ISBN : 9788177083125

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Book Description

Foreign investment is a strategic instrument of development policy. It plays an important role in the long-term economic development of a country by augmenting availability of capital, enhancing competitiveness of the domestic economy through transfer of technology, strengthening infrastructure, raising productivity, generating new employment opportunities, and boosting exports. In the wake of the economic liberalization policy that was initiated in 1991, the government of India has taken several measures to encourage foreign investment in almost all sectors of the economy. However, the emphasis has been on foreign direct investment (FDI) inflows in the development of infrastructure, technological upgrade of industry, and the setting up of special economic zones. With a vast reservoir of skilled and cost-effective manpower, India is now recognized as one of the most attractive investment destinations by reputed international rating organizations. Under the current policy regime, there are three broad entry options for foreign direct investors: (a) in a few sectors, FDI is not permitted (negative list); (b) in another small category of sectors, foreign investment is permitted only until a specified level of foreign equity participation; and (c) in all other sectors, foreign investment up to 100 % of equity participation is allowed. The third category has two subsets - one consisting of sectors where automatic approval is granted for FDI (often foreign equity participation less than 100 %), and the other consisting of sectors where prior approval from the Foreign Investment Approval Board (FIPB) is required. This book deals with many aspects of FDI in India, focussing on current policies, conditions, and procedures for FDI inflows into India.



The Energy Charter Treaty:An East-West Gateway for Investment and Trade

Author : Thomas Walde

Publisher : Kluwer Law International B.V.

Page : 732 pages

File Size : 27,91 MB

Release : 1996-07-25

Category : Law

ISBN : 9041109137

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Book Description

The Energy Charter Treaty, initiated by the 1991 European Energy Charter and completed in December 1994, is an innovative major multilateral investment and trade treaty. The book has an introduction by Ruud Lubbers who, as the Dutch Prime Minister, played the key role in initiating the Energy Charter negotiations. It brings together contributions on the energy/investment background, the geopolitical context, the Energy Charter negotiations and the relevant specific topics of the Treaty (focusing on investment and trade, but also environment, competition and transit) by the key specialists on the subject, ranging from countries such as the US (which in the end decided not to join the Treaty) to Russia and Kazakhstan, including energy and investment specialists, international investment and commercial lawyers and arbitrators. The contributors include noted international energy/economic law authorities, but also key participants and observers of the Treaty negotiations. This book is intended to provide the first authoritative analysis of the background, negotiations and content of the Energy Charter Treaty and to provide support and guidance for subsequent negotiations and the difficult challenges involved in interpretation and application of the Treaty. It will be an essential tool for anybody working with the Energy Charter Treaty. The book contains in its annex the major documents of the Treaty: The 1991 European Energy Charter, the 1994 Treaty and its relevant Protocols, Annexes, Understandings and Final Act Declarations.



Handbook of International Investment Law and Policy

Author : Julien Chaisse

Publisher : Springer

Page : 0 pages

File Size : 22,9 MB

Release : 2021-08-17

Category : Law

ISBN : 9789811336140

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Book Description

The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.