Multilateral Regulation Of Investment

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Multilateral Regulation of Investment

Author : E. Nieuwenhuys
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119844X
Total Pages : 254 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Multilateral Regulation of Investment by : E. Nieuwenhuys

Download or read book Multilateral Regulation of Investment written by E. Nieuwenhuys and published by Kluwer Law International B.V.. This book was released on 2001-06-13 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the notable failure of the OECD draft Multilateral Agreement on Investment (MAI), it has become clear that any attempt to regulate investment at the global level must pay serious attention to the position of developing countries. This remarkable collection of essays sheds penetrating light on this and other legal, political, and economic issues affecting the intense international debate on this important subject. The result of a symposium sponsored in April 1999 by the E.M. Meijers Institute of Legal Studies at Leiden University, Multilateral Regulation of Investment presents the incisive views of nine outstanding authorities, both academics and practitioners, in disciplines related to investment and development. Among the essential criteria proposed for a successful global regulatory framework for investment are the following: involvement at the national level of all sectors of the economy in drafting a national position; involvement from the start of multilateral negotiations of both developing and developed countries; transparency of negotiations; balance between investment protection and the right to regulate; and respect for core labour standards and human rights. The authors agree in seeing the objectives of the multilateral regulation of investment, both direct and portfolio, as not only reducing risk but also enhancing trust between investors and states, as host states must be sure that foreign investors will genuinely contribute to sustainable development and the well-being of their populations.

International Trade and Investment Law

Author : Leal-Arcas, Rafael
Publisher : Edward Elgar Publishing
ISBN 13 : 1781000778
Total Pages : 360 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Trade and Investment Law by : Leal-Arcas, Rafael

Download or read book International Trade and Investment Law written by Leal-Arcas, Rafael and published by Edward Elgar Publishing. This book was released on 2010-05-28 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.

The Multilateralization of International Investment Law

Author : Stephan W. Schill
Publisher : Cambridge University Press
ISBN 13 : 0521762367
Total Pages : 491 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis The Multilateralization of International Investment Law by : Stephan W. Schill

Download or read book The Multilateralization of International Investment Law written by Stephan W. Schill and published by Cambridge University Press. This book was released on 2009-08-20 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book argues that international investment law is a structured body of law based on uniform principles of investment protection.

Multilateral Investment Agreement in the WTO

Author : Kavaljit Singh
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Multilateral Investment Agreement in the WTO by : Kavaljit Singh

Download or read book Multilateral Investment Agreement in the WTO written by Kavaljit Singh and published by . This book was released on 2003 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulation Of Foreign Investment: Challenges To International Harmonization

Author : Zdenek Drabek
Publisher : World Scientific
ISBN 13 : 9814401633
Total Pages : 510 pages
Book Rating : 4.8/5 (144 download)

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Book Synopsis Regulation Of Foreign Investment: Challenges To International Harmonization by : Zdenek Drabek

Download or read book Regulation Of Foreign Investment: Challenges To International Harmonization written by Zdenek Drabek and published by World Scientific. This book was released on 2013-01-11 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.

Towards Multilateral Investment Rules

Author : Organisation for Economic Co-operation and Development
Publisher : OECD
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Towards Multilateral Investment Rules by : Organisation for Economic Co-operation and Development

Download or read book Towards Multilateral Investment Rules written by Organisation for Economic Co-operation and Development and published by OECD. This book was released on 1996 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report by the CIME and CMIT Committee setting out a proposal for a multilateral agreement on investment (MAI). Also includes various related papers (most of which were presented at the OECD/DNME workshop of May 1995) and reports of the five MAI working groups. Includes a paper on international investment dispute settlement mechanisms.

Multilateral Disciplines for Investment-related Policies

Author : Bernard M. Hoekman
Publisher : World Bank Publications
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4./5 ( download)

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Book Synopsis Multilateral Disciplines for Investment-related Policies by : Bernard M. Hoekman

Download or read book Multilateral Disciplines for Investment-related Policies written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 1999 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: June 1999 - Is there a strong case for developing countries to support the creation of a multilateral agreement on investment? Probably not. Existing agreements offer ample scope for liberalizing foreign direct investment in the area that matters most to developing countries: services. Hoekman and Saggi evaluate the potential benefits of international disciplines on policies toward foreign direct investment for developing countries. They conclude that the case for initiating negotiations on investment policies is weak, at present. Negotiating efforts that center on further liberalizing market access on a nondiscriminatory basis-especially for services-are likely to be more fruitful in terms of economic welfare and growth. Existing multilateral instruments, although imperfect, are far from fully exploited and provide significant opportunities for governments opening further access to markets. Hoekman and Saggi conclude that priority should be given to expanding coverage of the General Agreement on Trade in Services (GATS) before seeking to negotiate general disciplines on investment policies. This paper-a product of Trade, Development Research Group-is part of a larger effort in the group to prepare for the next round of WTO negotiations. The authors may be contacted at bhoekman@@worldbank.org or ksaggi @@mail.smu.edu.

Is the Policy Framework for Investment developed by the OECD a possible alternative for the adoption of a multilateral instrument?

Author : Fabian Junge
Publisher : GRIN Verlag
ISBN 13 : 365622479X
Total Pages : 24 pages
Book Rating : 4.6/5 (562 download)

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Book Synopsis Is the Policy Framework for Investment developed by the OECD a possible alternative for the adoption of a multilateral instrument? by : Fabian Junge

Download or read book Is the Policy Framework for Investment developed by the OECD a possible alternative for the adoption of a multilateral instrument? written by Fabian Junge and published by GRIN Verlag. This book was released on 2012-06-26 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2012 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1,3, University of Groningen, language: English, abstract: When examining the development of foreign direct investment and the effects of multinational corporations over the last decades, one has to come to the conclusion that the importance increased and grew significantly. Until the 1970s most of the countries were opposed to foreign direct investment due to a fear of losing economic and political independence by allowing foreign control over their economic resources and their key industries. Since the 1990s, there has been a positive turn towards foreign direct investment and its liberalization, because it is predominantly seen as requirement for economic growth, productivity increase, creation of export potential and technology transfer. As a result, the amount of foreign direct investment expanded faster than the world economy and the volume of international trade resulting in a need to control the investment flows and to regulate the area.1 By virtue of the rather sensitive topic of foreign direct investments, it was impossible in the past for the international community to agree upon an uniform and harmonized international regime setting out the standards for international investments. Hence, a multitude of national and international policy rules and principles govern the relevant aspects in this field resulting in a variety of international investment agreements. As an example, more than 2670 bilateral investment treaties and more than 270 other international investment agreements have been adopted globally until the end of 2008.2 Nevertheless, the plurality of the different international investment agreements with their different scopes, different types, different signatories have led to a patchwork of treaties resulting in a highly fragmented and incoherent international investment regime. As a result of this and the problems accompanying it, such as a more and more complex structure and an increase in investment disputes due to the interpretation and implementation of these treaties, the desire to adopt a general coherent framework for investment has been stirred, especially by international organizations like the WTO or the OECD. The OECD (Organization for Economic Co-operation and Development) is an international economic organization consisting out of 34 countries and was founded in 1961 to stimulate economic progress and world trade.

Investment Policies in Latin America and Multilateral Rules on Investment

Author : Organisation for Economic Co-operation and Development
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Investment Policies in Latin America and Multilateral Rules on Investment by : Organisation for Economic Co-operation and Development

Download or read book Investment Policies in Latin America and Multilateral Rules on Investment written by Organisation for Economic Co-operation and Development and published by . This book was released on 1997 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Development of International Investment Law

Author : Yusuf Caliskan
Publisher : Universal-Publishers
ISBN 13 : 1599426706
Total Pages : 385 pages
Book Rating : 4.5/5 (994 download)

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Book Synopsis The Development of International Investment Law by : Yusuf Caliskan

Download or read book The Development of International Investment Law written by Yusuf Caliskan and published by Universal-Publishers. This book was released on 2008 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation analyses developments in the international regulation of foreign direct investment (FDI). The international legal framework of investment encompasses numerous binding or non-binding legal instruments, including customary international law, bilateral investment treaties, and international organizations' decisions and resolutions. The rules established by the international legal framework become effective and significant when they are able to be adapted by appropriate and compatible domestic law frameworks. Through analyzing the Turkish foreign investment regulations and policies, this study concludes that there is a successful and complex interaction between international rules and domestic rules on FDI. Like many developing countries, since the 1980s Turkey has revamped its FDI regulations in response to changes and developments in international investment law. This interaction will reach its culmination, if there is a comprehensive multilateral agreement on investment. This dissertation examines failures of the OECD MAI draft treaty since there are lessons to be learned from the MAI negotiations. Thus, it makes some recommendations both in relation to the substance and the procedure for a possible future negotiation of multilateral investment agreement.

Convention Establishing the Multilateral Investment Guarantee Agency and Commentary on the Convention

Author : World Bank. Board of Governors
Publisher : World Bank Publications
ISBN 13 : 9780821314876
Total Pages : 86 pages
Book Rating : 4.3/5 (148 download)

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Book Synopsis Convention Establishing the Multilateral Investment Guarantee Agency and Commentary on the Convention by : World Bank. Board of Governors

Download or read book Convention Establishing the Multilateral Investment Guarantee Agency and Commentary on the Convention written by World Bank. Board of Governors and published by World Bank Publications. This book was released on 1985 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Regulation of Foreign Direct Investment

Author : Sherif Seid
Publisher : Routledge
ISBN 13 : 1351731726
Total Pages : 285 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Global Regulation of Foreign Direct Investment by : Sherif Seid

Download or read book Global Regulation of Foreign Direct Investment written by Sherif Seid and published by Routledge. This book was released on 2018-02-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: After the failure of the Multilateral Agreement on Investment (MAI), the world does not have a global investment agreement that would regulate FDI. A global investment agreement dealing with FDI would clearly fill a large gap in the network of regulatory measures governing the world economy. Other attempts had been made prior to the MAI to address this problem, but all have failed so far. The main reason for such failures has always been the lack of compromise in the positions held by the major stakeholders. This book analyses the pros and cons of these opposing positions and uses them as a basis for forging a hybrid model called "Regulated Openness".

The Public International Law Regime Governing International Investment

Author : José E. Alvarez
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186824
Total Pages : 505 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Public International Law Regime Governing International Investment by : José E. Alvarez

Download or read book The Public International Law Regime Governing International Investment written by José E. Alvarez and published by Martinus Nijhoff Publishers. This book was released on 2011-07-20 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.

China's International Investment Strategy

Author : Julien Chaisse
Publisher : Oxford University Press, USA
ISBN 13 : 0198827458
Total Pages : 561 pages
Book Rating : 4.1/5 (988 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, USA. This book was released on 2019-02-21 with total page 561 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.

Multilateral Investment Treaties: Is the energy charter treaty an effective instrument for protecting international investments?

Author : Shamsu Yahaya
Publisher : GRIN Verlag
ISBN 13 : 3640519124
Total Pages : 70 pages
Book Rating : 4.6/5 (45 download)

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Book Synopsis Multilateral Investment Treaties: Is the energy charter treaty an effective instrument for protecting international investments? by : Shamsu Yahaya

Download or read book Multilateral Investment Treaties: Is the energy charter treaty an effective instrument for protecting international investments? written by Shamsu Yahaya and published by GRIN Verlag. This book was released on 2010-01-28 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Masterarbeit aus dem Jahr 2009 im Fachbereich Jura - Zivilrecht / Handelsrecht, Gesellschaftsrecht, Kartellrecht, Wirtschaftsrecht, University of Abertay Dundee (Centre for energy, petroleum and mineral law and policy), Sprache: Deutsch, Abstract: The end of the cold war signalled an emerging need for economic integration between Western European countries and those countries which comprised the former Soviet Union. The energy sector was considered a perfect starting point for pursuing such cooperation mainly due to the fact that Eastern European countries were considered rich in oil and gas reserves. For this purpose, the Energy Charter Treaty as well as the Energy Charter Protocol were signed in December 1994 and came into effect on 16th April, 1998. The aim of the Treaty was to establish a comprehensive legal framework for promoting long-term cooperation between signatory countries in the energy sector. Indeed, the treaty is considered a powerful tool for investors as it grants direct right to initiate arbitration proceedings against host governments where there are alleged breaches of investment obligations. The purpose of this dissertation is to take a critical look at the effectiveness or otherwise of the treaty as regards the protection of international investments in the energy sector. A historical background leading up to the signing of the charter will be rendered. Also, the provisions of the treaty regarding investment protection and arbitration taking certain case studies of causes of action brought under the treaty will be discussed. Furthermore, a critical look at the shortcomings of the treaty will be attempted. The research findings will show that several successful cases have been concluded under the treaty; but criticisms and limits to the effectiveness of the treaty will be highlighted.

International Investment Law and the Right to Regulate

Author : Lone Wandahl Mouyal
Publisher : Routledge
ISBN 13 : 1317408020
Total Pages : 283 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis International Investment Law and the Right to Regulate by : Lone Wandahl Mouyal

Download or read book International Investment Law and the Right to Regulate written by Lone Wandahl Mouyal and published by Routledge. This book was released on 2016-03-10 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Performance Requirement Prohibitions in International Investment Law

Author : Alexandre Genest
Publisher : BRILL
ISBN 13 : 9004392106
Total Pages : 288 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Performance Requirement Prohibitions in International Investment Law by : Alexandre Genest

Download or read book Performance Requirement Prohibitions in International Investment Law written by Alexandre Genest and published by BRILL. This book was released on 2019-09-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.