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Oecds Multilateral Agreement On Investmenta Chinese Perspective
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Book Synopsis OECD's Multilateral Agreement on Investment:A Chinese Perspective by : Huiping Chen
Download or read book OECD's Multilateral Agreement on Investment:A Chinese Perspective written by Huiping Chen and published by Springer. This book was released on 2002-09-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multilateral Agreement on Investment: A Chinese Perspective makes detailed analyses and comments on the MAI from the perspective of a Chinese scholar. The author believes that the behind closed doors process of MAI negotiations is unacceptable for developing countries, NGOs, and civil societies, and is inadvisable for any future negotiations on investment rules. The substantive contents of the MAI which include the definition of investor and investment, treatment of foreign investors and investments, treatment for investment protection, and the dispute settlement mechanism are of high standards that render them unreachable and unacceptable for developing countries. The nine chapters of the book include: An introduction; An analysis of the background of the MAI negotiations which briefly reviews the process and results of the negotiations and makes the author's comments on the negotiations; An analysis and evaluation of the main features of MAI provisions and the approaches adopted by the MAI; An exploration of the scope of application of the MAI through the analysis of the respective definition of investor and investment in the MAI, and points out that the purpose of broad definition is to broaden the MAI's scope of application; An analysis and comment on the MAI's general principles of treatment accorded to foreign investors and their investments, and points out that the MAI's provisions in this regard have negative impacts on developing countries; An introduction to the MAI's specific rules of treatment accorded to foreign investors and their investments in such new areas of international investment as performance requirements, investment incentives, key personnel, privatization, as well as monopoly, state enterprises and concessions; An analysis and commentary on the MAI's treatment provisions on investment protection, i.e. the fair and equitable treatment and full and constant protection and security treatment as the general treatment, and the specific treatment with regard to expropriation and compensation, protection from strife and transfers; An introduction to and evaluation of the MAI's dispute settlement mechanism: the state-state procedure and the investor-state procedure,and; A conclusion.
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.
Book Synopsis International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by : OECD
Download or read book International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives written by OECD and published by OECD Publishing. This book was released on 2008-03-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.
Book Synopsis Multilateral Regulation of Investment by : E. Nieuwenhuys
Download or read book Multilateral Regulation of Investment written by E. Nieuwenhuys and published by Springer. This book was released on 2001-06-13 with total page 264 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.
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.
Book Synopsis MAI by : Organisation for Economic Co-operation and Development
Download or read book MAI written by Organisation for Economic Co-operation and Development and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by : OECD
Download or read book International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives written by OECD and published by OECD Publishing. This book was released on 2008-04-04 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.
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 . This book was released on 2013-07 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 i
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.
Book Synopsis The Political Economy of the Investment Treaty Regime by : Jonathan Bonnitcha
Download or read book The Political Economy of the Investment Treaty Regime written by Jonathan Bonnitcha and published by Oxford University Press. This book was released on 2017 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Book Synopsis OECD Energy Investment Policy Review of Ukraine by : OECD
Download or read book OECD Energy Investment Policy Review of Ukraine written by OECD and published by OECD Publishing. This book was released on 2021-12-15 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Review assesses Ukraine’s investment climate vis-à-vis the country’s energy sector reforms and discusses challenges and opportunities in this context. Capitalising on the OECD Policy Framework for Investment and other relevant instruments and guidance, the Review takes a broad approach to investment climate challenges facing Ukraine’s energy sector.
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.
Book Synopsis Policy Framework for Investment by : OECD
Download or read book Policy Framework for Investment written by OECD and published by OECD Publishing. This book was released on 2006-05-11 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on good practices from OECD and non-OECD countries, the Framework proposes a set of questions for governments to consider in ten policy fields as critically important for the quality of a country’s environment for investment.
Book Synopsis International Friction and Cooperation in High-Technology Development and Trade by : National Research Council
Download or read book International Friction and Cooperation in High-Technology Development and Trade written by National Research Council and published by National Academies Press. This book was released on 1997-10-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis China, the EU and International Investment Law by : Yuwen Li
Download or read book China, the EU and International Investment Law written by Yuwen Li and published by Routledge. This book was released on 2019-11-11 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
Author :Organisation for Economic Co-operation and Development Publisher :Organisation for Economic Co-operation and Development ; [Washington, D.C. : OECD Publications and Information Centre ISBN 13 : Total Pages :132 pages Book Rating :4.3/5 (511 download)
Book Synopsis Code of Liberalisation of Capital Movements by : Organisation for Economic Co-operation and Development
Download or read book Code of Liberalisation of Capital Movements written by Organisation for Economic Co-operation and Development and published by Organisation for Economic Co-operation and Development ; [Washington, D.C. : OECD Publications and Information Centre. This book was released on 1990 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated November 1990. The present edition incorporates all changes in the positions of Member countries to 1st November 1990
Book Synopsis Asian Yearbook of International Law, Volume 8 (1998-1999) by : B.S. Chimni
Download or read book Asian Yearbook of International Law, Volume 8 (1998-1999) written by B.S. Chimni and published by BRILL. This book was released on 2020-01-29 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.
