Author : Noah Rubins
Publisher : Oxford University Press, USA
Page : 656 pages
File Size : 13,49 MB
Release : 2020
Category : Law
ISBN : 9780198808053
A vital text for practitioners and academics this book integrates the international law of political risk with the domestic, political, and economic considerations central to assessing risk. It offers a detailed analysis of pre-investment decisions that can reduce political risk, treaties protecting investment, and international dispute resolution.
Author : Rudolf Dolzer
Publisher : Oxford University Press
Page : 582 pages
File Size : 45,27 MB
Release : 2022-01-13
Category : Law
ISBN : 019267241X
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Author : World Bank Group
Publisher : World Bank Publications
Page : 321 pages
File Size : 41,4 MB
Release : 2020-07-06
Category : Business & Economics
ISBN : 1464815437
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 : Thomas Nektarios Papanastasiou
Publisher : Quid Pro Books
Page : 281 pages
File Size : 33,65 MB
Release : 2015-08-19
Category : Law
ISBN : 1610273125
The Legal Protection of Foreign Investments Against Political Risk examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis—using case studies and international law, and examining actual contracts—to the specific context of foreign investment in five Asian countries’ power infrastructure projects. “Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou’s book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions.” — Junji Nakagawa, Professor of International Economic Law, Institute of Social Science, University of Tokyo Author, International Harmonization of Economic Regulation (Oxford University Press, 2011) “This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients’ property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices.” — N. Stephan Kinsella, Attorney, Houston, Texas Co-author, International Investment, Political Risk, and Dispute Resolution (OUP, 2005) “This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries.” — Shujiro Urata, Professor of International Economics, Graduate School of Asian Pacific Studies, Waseda University Co-editor, Economic Consequences of Globalization: Evidence from East Asia (Routledge, 2012)
Author : Karl P Sauvant
Publisher : Oxford University Press
Page : 795 pages
File Size : 23,78 MB
Release : 2009-03-27
Category : Law
ISBN : 0199745188
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.
Author : Thomas Nektarios Papanastasiou
Publisher : Quid Pro, LLC
Page : 284 pages
File Size : 20,94 MB
Release : 2015-08-19
Category : Business & Economics
ISBN : 9781610273190
'The Legal Protection of Foreign Investments Against Political Risk' examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis-using case studies and international law, and examining actual contracts-to the specific context of foreign investment in five Asian countries' power infrastructure projects. "Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou's book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions." - Junji Nakagawa, Professor of International Economic Law, Institute of Social Science, University of Tokyo; Author, International Harmonization of Economic Regulation (Oxford Univ. Press, 2011) "This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients' property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices." - N. Stephan Kinsella, Attorney, Houston, Texas; Co-author, International Investment, Political Risk, and Dispute Resolution (OUP, 2005) "This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries." - Shujiro Urata, Professor of International Economics, Graduate School of Asian Pacific Studies, Waseda University; Co-editor, Economic Consequences of Globalization: Evidence from East Asia (Routledge, 2012)"
Author : United Nations Conference on Trade and Development
Publisher :
Page : 0 pages
File Size : 22,4 MB
Release : 2012
Category : Discrimination
ISBN : 9789211128277
"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.
Author : Multilateral Investment Guarantee Agency
Publisher : World Investment and Political
Page : 0 pages
File Size : 40,96 MB
Release : 2014
Category : Business & Economics
ISBN : 9781464800399
Annotation Breach of contract is a hot topic in risk management, especially in the context of Public-Private Partnerships for large utility, infrastructure, or mineral resource exploitation projects around the world. Some claims are related to economic crisis, but more often disputes arise from political change, privatization reviews, environmental regulations and governance/corruption issues. Some recent high profile cases involving government tariff renegotiations and award settlements underline the importance of this topic for international investors. Claims of breach of contract often bring about an abrupt termination of activities or force contract renegotiations that subtsantially alter the original terms of the deal and projected financial validity. This study offers significant new data and analysis to allow an informed assessement of current developments and underlying trends, in a new collaboration between the World Bank Group (IBRD, MIGA, and ICSID) and Washington University in St. Louis.
Author : Kate Miles
Publisher : Cambridge University Press
Page : 499 pages
File Size : 21,79 MB
Release : 2013-10-24
Category : Law
ISBN : 1107039398
An examination of the origins of international investment law and their continued resonance in the twenty-first century.
Author : James K. Jackson
Publisher :
Page : 0 pages
File Size : 10,55 MB
Release : 2016
Category :
ISBN :
This report discusses the Committee on Foreign Investment in the United States (CFIUS) comprising nine members, two ex officio members, and other members as appointed by the President representing major departments and agencies within the federal executive branch. While the group generally has operated in relative obscurity, the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in 2006 placed the group's operations under intense scrutiny by Members of Congress and the public.
