Regulation Of Foreign Investment Challenges To International Harmonization

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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.

Global Investment Competitiveness Report 2019/2020

Author : World Bank Group
Publisher : World Bank Publications
ISBN 13 : 1464815437
Total Pages : 343 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Global Investment Competitiveness Report 2019/2020 by : World Bank Group

Download or read book Global Investment Competitiveness Report 2019/2020 written by World Bank Group and published by World Bank Publications. This book was released on 2020-07-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Yearbook on International Investment Law & Policy 2010-2011

Author : Karl P. Sauvant
Publisher : Oxford University Press, USA
ISBN 13 : 0199812357
Total Pages : 1082 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Yearbook on International Investment Law & Policy 2010-2011 by : Karl P. Sauvant

Download or read book Yearbook on International Investment Law & Policy 2010-2011 written by Karl P. Sauvant and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.

International Investment Law and the Right to Regulate

Author : Lone Wandahl Mouyal
Publisher : Routledge
ISBN 13 : 1317408012
Total Pages : 289 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 289 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.

Foreign Direct Investments

Author : Information Resources Management Association
Publisher : Business Science Reference
ISBN 13 : 9781799824480
Total Pages : 0 pages
Book Rating : 4.8/5 (244 download)

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Book Synopsis Foreign Direct Investments by : Information Resources Management Association

Download or read book Foreign Direct Investments written by Information Resources Management Association and published by Business Science Reference. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""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"--

Decoding Chinese Bilateral Investment Treaties

Author : Shen Wei
Publisher : Cambridge University Press
ISBN 13 : 110885303X
Total Pages : 371 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Decoding Chinese Bilateral Investment Treaties by : Shen Wei

Download or read book Decoding Chinese Bilateral Investment Treaties written by Shen Wei and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is one of the major investment destinations and is a major country signing a large number of BITs and FTAs. China has been applying a liberalization approach to transform its BIT regime. This book investigates these widely accepted theories and norms in the context of investment liberalization.

Regulatory Autonomy and International Trade in Services

Author : Bregt Natens
Publisher : Edward Elgar Publishing
ISBN 13 : 1785364316
Total Pages : 352 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Regulatory Autonomy and International Trade in Services by : Bregt Natens

Download or read book Regulatory Autonomy and International Trade in Services written by Bregt Natens and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how the interplay between multilateral and preferential liberalisation of trade in services increasingly raises concerns, both from the perspective of the beneficiaries of such liberalisation (whose rights are uncertain) and that of regulators (whose regulatory autonomy is constrained). The author shows how these concerns lead to vast underutilisation of, and strong prejudices against, the benefits of services liberalisation. The book meticulously analyses and compares the EU's obligations under the GATS and the services chapters of several RTAs to finally assess the merits of the raised concerns.

Prospects in International Investment Law and Policy

Author : Roberto Echandi
Publisher : Cambridge University Press
ISBN 13 : 1107035864
Total Pages : 495 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Prospects in International Investment Law and Policy by : Roberto Echandi

Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.

International Investment Law and Competition Law

Author : Katia Fach Gómez
Publisher : Springer Nature
ISBN 13 : 3030339165
Total Pages : 292 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis International Investment Law and Competition Law by : Katia Fach Gómez

Download or read book International Investment Law and Competition Law written by Katia Fach Gómez and published by Springer Nature. This book was released on 2020-05-23 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.

Foreign Investment in the Sultanate of Oman

Author : Moosa Salim Jabir Al Azri
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3112402243
Total Pages : 304 pages
Book Rating : 4.1/5 (124 download)

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Book Synopsis Foreign Investment in the Sultanate of Oman by : Moosa Salim Jabir Al Azri

Download or read book Foreign Investment in the Sultanate of Oman written by Moosa Salim Jabir Al Azri and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-10-11 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Foreign Investment in the Sultanate of Oman".

Regulation of State-Controlled Enterprises

Author : Julien Chaisse
Publisher : Springer Nature
ISBN 13 : 9811913684
Total Pages : 727 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Regulation of State-Controlled Enterprises by : Julien Chaisse

Download or read book Regulation of State-Controlled Enterprises written by Julien Chaisse and published by Springer Nature. This book was released on 2022-08-25 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

The Committee on Foreign Investment in the United States (CFIUS).

Author : James K. Jackson
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis The Committee on Foreign Investment in the United States (CFIUS). by : James K. Jackson

Download or read book The Committee on Foreign Investment in the United States (CFIUS). written by James K. Jackson and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Framework for Foreign Direct Investment Control

Author : Jacques H.J. Bourgeois
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.

Promoting and Managing International Investment

Author : J Anthony VanDuzer
Publisher : Routledge
ISBN 13 : 0429594690
Total Pages : 269 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Promoting and Managing International Investment by : J Anthony VanDuzer

Download or read book Promoting and Managing International Investment written by J Anthony VanDuzer and published by Routledge. This book was released on 2020-02-17 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of international investment policy and policy-making, drawing upon perspectives from law, economics, international business, and political science. International investment is a complex phenomenon with significant effects worldwide. Developing effective policies and strategies to attract investment in sufficient quantities and marshal it to contribute to sustainable development is a critical challenge for governments at all levels. This book’s interdisciplinary approach provides fresh insights into the mix of policy options available to governments seeking investment to support their country’s (or region’s) development. As well as identifying ways to effectively design, implement, and assess policies to attract foreign investment, it explores how to manage foreign investment’s effects. Various dimensions of international investment policy are discussed, including benefits and costs (economic, environmental, social, and political) of foreign investment, the significance of global value chains, state-owned enterprises and sovereign wealth funds, and the role of tax policy, investment promotion, and policy advocacy, location branding, investment treaties, and national security considerations. Through its contributions to a new interdisciplinary understanding of international investment policy-making, this book will benefit students and scholars working in areas such as international business, international economic law, international economics, development economics, international development, and international political economy as well as being a valuable resource for policy-makers.

The Routledge Handbook of State-Owned Enterprises

Author : Luc Bernier
Publisher : Routledge
ISBN 13 : 135104253X
Total Pages : 679 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The Routledge Handbook of State-Owned Enterprises by : Luc Bernier

Download or read book The Routledge Handbook of State-Owned Enterprises written by Luc Bernier and published by Routledge. This book was released on 2020-05-27 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: State-owned enterprises make up roughly 10 percent of the world economy, yet they are woefully understudied. This handbook offers the first synthesis of the topic since the 1980s and offers a comprehensive reference for a generation. The authors provide a detailed explanation of the theory that underpins the expansion of state-owned enterprises in the 21st century. Each chapter delivers an overview of current knowledge, as well as identifying issues and relevant debates for future research. The authors explain how state-owned enterprises are used in both developed and developing countries and offer an insight into complex and fascinating organizations such as the German municipal conglomerates or the multinational companies owned by states. New modes of governance and regulation have been invented to make sure they act in the public interest. This handbook brings together a wealth of international scholars, offering multiple theoretical perspectives to help shape a brave new world. It will be of interest to teachers and students of Economics, Public Administration and Business, academics, established researchers and PhD students seeking rigorous literature reviews on specific aspects of SOEs, as well as practitioners and decision makers in international organizations.

State Capitalism and International Investment Law

Author : Panagiotis Delimatsis
Publisher : Bloomsbury Publishing
ISBN 13 : 1509962980
Total Pages : 359 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Capitalism and International Investment Law by : Panagiotis Delimatsis

Download or read book State Capitalism and International Investment Law written by Panagiotis Delimatsis and published by Bloomsbury Publishing. This book was released on 2023-01-26 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.

Hostile Business and the Sovereign State

Author : Michael J. Strauss
Publisher : Routledge
ISBN 13 : 1351585363
Total Pages : 329 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Hostile Business and the Sovereign State by : Michael J. Strauss

Download or read book Hostile Business and the Sovereign State written by Michael J. Strauss and published by Routledge. This book was released on 2018-12-14 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.