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The Protection of Foreign Investments in Mongolia

Author : Bajar Scharaw

Publisher : Springer

Page : 372 pages

File Size : 39,60 MB

Release : 2017-11-07

Category : Law

ISBN : 3319660896

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Book Description

This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.



The Protection of Foreign Investments in Mongolia

Author : Bajar Scharaw

Publisher : Springer

Page : 0 pages

File Size : 42,9 MB

Release : 2018-09-04

Category : Law

ISBN : 9783319881737

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Book Description

This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.



Foreign Direct Investments

Author : Information Resources Management Association

Publisher : Business Science Reference

Page : 0 pages

File Size : 34,16 MB

Release : 2020

Category : Investments, Foreign

ISBN : 9781799824480

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Book Description

""This book explores the importance of global stocks to economic structures and explores the effects that these holdings have on the financial status of nations. It also provides a systems approach to investment projects in a globalized and open society"--Provided by publisher"--



Protection of Foreign Investments in an Intra-EU Context

Author : Moskvan, Dominik

Publisher : Edward Elgar Publishing

Page : 288 pages

File Size : 40,63 MB

Release : 2022-02-04

Category : Law

ISBN : 1800880383

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Book Description

The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.



Regulation Of Foreign Investment: Challenges To International Harmonization

Author : Zdenek Drabek

Publisher : World Scientific

Page : 510 pages

File Size : 21,5 MB

Release : 2013-01-11

Category : Law

ISBN : 9814401633

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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.



Mongolia and the United States

Author : Jonathan S. Addleton

Publisher : Hong Kong University Press

Page : 206 pages

File Size : 45,30 MB

Release : 2013-05-01

Category : Political Science

ISBN : 9888139940

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Book Description

Former U.S. ambassador Jonathan Addleton provides a pioneering firsthand look at the remarkable growth of civil society and diplomatic ties between two countries separated by vast distances yet sharing a growing list of strategic interests and values. While maintaining positive ties with Russia and China, its powerful neighbors and still-dominant trading partners, Mongolia has sought "third neighbors" to help provide balance, including Canada, Japan, Korea, European nations, and the United States. For its part, the United States has supported Mongolia as an emerging democracy while fostering development and commercial relations. People-to-people ties have significantly expanded in recent years, as has a security partnership that supports Mongolias emergence as a provider of military peacekeepers under the U.N. flag in Sierra Leone, Chad, Kosovo, Darfur, South Sudan, and elsewhere.While focusing on diplomatic relations over the last quarter century, Addleton also briefly describes American encounters with Mongolia over the past 150 years. More recently, Mongolia has emerged as a magnet for foreign investment, making it one of the worlds fastest growing economies.



Mongolia's Economic Prospects

Author : Matthias Helble

Publisher : Asian Development Bank

Page : 293 pages

File Size : 11,68 MB

Release : 2020-06-01

Category : Business & Economics

ISBN : 9292622498

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Book Description

This publication examines Mongolia’s recent economic development and outlines reforms that would help the country take advantage of its many opportunities. Mongolia is rich in natural resources and, although landlocked, is well-placed to boost trade with its two giant neighbors. The country needs to diversify its economy beyond mining, enhance economic stability, and increase employment. To maximize Mongolia’s potential the government can improve macroeconomic management, enhance the skill base, and provide hard and soft infrastructure to promote trade and efficient logistics. Governance and institutional reforms are also crucial. The government will need to continue to drive reforms so that they are well implemented and deliver the intended change.



Most-favoured-nation Treatment

Author : United Nations Conference on Trade and Development

Publisher :

Page : 164 pages

File Size : 13,1 MB

Release : 2010

Category : Political Science

ISBN :

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Book Description

The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.



Investment Guides: Investment Guide for Mongolia 2000

Author : OECD

Publisher : OECD Publishing

Page : 104 pages

File Size : 50,89 MB

Release : 2000-12-07

Category :

ISBN : 9264189602

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Book Description

This Investment Guide provides an overview of the conditions for foreign direct investment in Mongolia.



International Protection of Investments

Author : August Reinisch

Publisher : Cambridge University Press

Page : 1633 pages

File Size : 48,66 MB

Release : 2020-07-16

Category : Law

ISBN : 1108882706

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Book Description

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.