Legal Framework for the Admission of FDI

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Author :
Publisher : Eleven International Publishing
ISBN 13 : 9077596151
Total Pages : 338 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Legal Framework for the Admission of FDI by : Thomas Pollan

Download or read book Legal Framework for the Admission of FDI written by Thomas Pollan and published by Eleven International Publishing. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law on foreign direct investment (FDI) belongs to the fastest changing legal field in international law. Investors and the host state have long left behind a relationship dominated by the host state's desire to screen and choose FDI. In the current market for FDI, both parties try to assert influence, but in the end the scarcity of FDI is the decisive factor. This book provides an in-depth study of the legal framework for the admission of FDI and presents insights into the pros and cons of various admission models. Its goal is to identify legal and policy options that serve the host state's and investor's common needs. The book is a comprehensive, easy reference handbook that is of interest to lawyers, academics and policy makers.

Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe

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Author :
Publisher : Anchor Academic Publishing
ISBN 13 : 3960670508
Total Pages : 245 pages
Book Rating : 4.9/5 (66 download)

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Book Synopsis Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe by : Talkmore Chidede

Download or read book Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe written by Talkmore Chidede and published by Anchor Academic Publishing. This book was released on 2016-09 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.

Public Participation and Foreign Investment Law

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Author :
Publisher : Nijhoff International Investme
ISBN 13 : 9789004397651
Total Pages : 448 pages
Book Rating : 4.3/5 (976 download)

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Book Synopsis Public Participation and Foreign Investment Law by : Eric de Brabandere

Download or read book Public Participation and Foreign Investment Law written by Eric de Brabandere and published by Nijhoff International Investme. This book was released on 2021 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments"--

International Investment Treaties and Arbitration Across Asia

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Author :
Publisher : BRILL
ISBN 13 : 9004360107
Total Pages : 725 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Treaties and Arbitration Across Asia by : Julien Chaisse

Download or read book International Investment Treaties and Arbitration Across Asia written by Julien Chaisse and published by BRILL. This book was released on 2017-12-18 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Investment Law and Arbitration

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Author :
Publisher : BRILL
ISBN 13 : 9004363033
Total Pages : 70 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Law and Arbitration by : Borzu Sabahi

Download or read book International Investment Law and Arbitration written by Borzu Sabahi and published by BRILL. This book was released on 2018-07-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

Legal Treatment of Foreign Investment

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792325253
Total Pages : 492 pages
Book Rating : 4.3/5 (252 download)

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Book Synopsis Legal Treatment of Foreign Investment by : Ibrahim F. I. Shihata

Download or read book Legal Treatment of Foreign Investment written by Ibrahim F. I. Shihata and published by Martinus Nijhoff Publishers. This book was released on 1993-10-27 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporation law dates from the 19th century when the growth of business enterprise required a division between the private & the company sphere, making the company a legal person with its own rights, responsibilities & liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees & the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. & elsewhere.

Law and Practice of Investment Treaties

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123512
Total Pages : 644 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Law and Practice of Investment Treaties by : Andrew Paul Newcombe

Download or read book Law and Practice of Investment Treaties written by Andrew Paul Newcombe and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

The Oxford Handbook of International Investment Law

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Author :
Publisher :
ISBN 13 : 0199231389
Total Pages : 1349 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Oxford Handbook of International Investment Law by : Peter Muchlinski

Download or read book The Oxford Handbook of International Investment Law written by Peter Muchlinski and published by . This book was released on 2008 with total page 1349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.

Regulation of Foreign Investment

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Author :
Publisher : World Scientific
ISBN 13 : 9814390844
Total Pages : 510 pages
Book Rating : 4.8/5 (143 download)

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Book Synopsis Regulation of Foreign Investment by : Petros C. Mavroidis

Download or read book Regulation of Foreign Investment written by Petros C. Mavroidis and published by World Scientific. This book was released on 2013 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Foreign Investment and Dispute Resolution Law and Practice in Asia

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Author :
Publisher : Routledge
ISBN 13 : 1136581057
Total Pages : 284 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Foreign Investment and Dispute Resolution Law and Practice in Asia by : Vivienne Bath

Download or read book Foreign Investment and Dispute Resolution Law and Practice in Asia written by Vivienne Bath and published by Routledge. This book was released on 2012-03-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

The Legal Framework of EU-China Investment Relations

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311113
Total Pages : 414 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Legal Framework of EU-China Investment Relations by : Wenhua Shan

Download or read book The Legal Framework of EU-China Investment Relations written by Wenhua Shan and published by Bloomsbury Publishing. This book was released on 2005-10-21 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU investment in China has increased dramatically since the early 1990s and is poised to increase further in light of Chinas recent accession to the World Trade Organisation. This book explores and critically appraises the existing legal framework governing EU-China investment relations,particularly EU investment in China. The current legal framework is composed of Chinese law, EU law and applicable international law, but the Chinese law is unsystematic and hard to discover and the EU has acquired only shared external investment competence which is vaguely defined. The applicable international treaties are incomplete, incoherent, or either too general or too specialised. Besides this, the international fora to settle investment disputes are still not readily available. Furthermore while law has played a very important role in decision-making by EU investors, the Chinese legal system is generally perceived as ineffective and lacking in effective enforcement of court and arbitration decisions. What the book demonstrates is that the time is ripe for a new international legal framework for foreign investment in China, and that as EU-China economic and political relations continue to improve, construction of such a framework is not only necessary, but also possible.

Adjudicating Trade and Investment Disputes

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108805078
Total Pages : 341 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Adjudicating Trade and Investment Disputes by : Szilárd Gáspár-Szilágyi

Download or read book Adjudicating Trade and Investment Disputes written by Szilárd Gáspár-Szilágyi and published by Cambridge University Press. This book was released on 2020-07-02 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, empirical and normative interest. Yet, convergence discourse also warrants scepticism. This volume contributes to both the general debate on the fragmentation of international law and the narrower discourse concerning the interplay between international trade and investment, focusing on dispute settlement. It moves beyond broad observations or singular case studies to provide an informed and wide-reaching assessment by investigating multiple standards, processes, mechanisms and behaviours. Methodologically, a normative stance is largely eschewed in favour of a range of 'doctrinal,' quantitative and qualitative methods that are used to address the research questions. Furthermore, in determining the extent of convergence or divergence, it is important to recognize that there is no bright line or clear yardstick for determining its nature or degree.

Principles of International Investment Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192857800
Total Pages : 561 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Principles of International Investment Law by : Ursula Kriebaum

Download or read book Principles of International Investment Law written by Ursula Kriebaum and published by Oxford University Press. This book was released on 2022 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students, scholars, and practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

Lex Petrolea and International Investment Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1317221354
Total Pages : 347 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Lex Petrolea and International Investment Law by : Nima Mersadi Tabari

Download or read book Lex Petrolea and International Investment Law written by Nima Mersadi Tabari and published by Taylor & Francis. This book was released on 2016-09-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.

Multinational Enterprises and the Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191021601
Total Pages : 856 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Multinational Enterprises and the Law by : Peter T. Muchlinski

Download or read book Multinational Enterprises and the Law written by Peter T. Muchlinski and published by OUP Oxford. This book was released on 2007-07-12 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multinational Enterprises and the Law presents the only comprehensive, contemporary, and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. In addition it considers the effects of corporate self-regulation upon the development of the legal order in this area. Split into four parts the book firstly deals with the conceptual basis for MNE regulation, explaining the growth of MNEs, their business and legal forms, the relationship between them and the effects of a globalising economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regulation including the limits of national and regional jurisdiction over MNE activities, controls and liberalization of entry and establishment; tax and company, and competition law. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues, and Part IV deals with the contribution of international law and organizations to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements and their recent interpretation by international tribunals.

China's International Investment Strategy

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192562428
Total Pages : 584 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis China's International Investment Strategy by : Julien Chaisse

Download or read book China's International Investment Strategy written by Julien Chaisse and published by Oxford University Press. This book was released on 2019-02-07 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

EU Framework for Foreign Direct Investment Control

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519215
Total Pages : 357 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis EU Framework for Foreign Direct Investment Control by : Jacques H.J. Bourgeois

Download or read book EU Framework for Foreign Direct Investment Control written by Jacques H.J. Bourgeois and published by Kluwer Law International B.V.. This book was released on 2019-12-18 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment (FDI) has grown considerably worldwide in recent decades, alongside the no-less considerable development of international ‘supply chains’. In the European Union (EU), stock held by foreign investors exceeds EUR 6 billion, while stock held in the rest of the world by EU investors exceeds EUR 7 billion. This important book analyses the current and proposed regimes of FDI screening in the EU, highlighting mechanisms designed to enhance FDI’s advantages and minimize its drawbacks. Leading practitioners, policymakers and academics discuss the 2017 European Commission proposal on FDI screening and its resulting Regulation, focusing on such issues and topics as the following: the economics of FDI screening; rising protectionism versus further investment liberalization; how the EU framework connects with WTO rules; the dangers of foreign investment in sectors essential to public order and security; how the EU regulatory layer interacts with FDI screening at Member State level; and perceived lacunae in the way the EU addresses incoming FDI. Two detailed examples of how FDI screening works in practice are included, along with a comparative view of FDI screening in the United States. Contributions commenting specifically on the EU Regulation deal with the process of adopting the Regulation and the impact of opposing views, and how the Regulation aligns with EU policy in the areas of trade, investment and competition. Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. Practitioners active in competition law, particularly M&A, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.