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The Free Movement Of Capital And Foreign Direct Investment
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Book Synopsis The Free Movement of Capital and Foreign Direct Investment by : Steffen Hindelang
Download or read book The Free Movement of Capital and Foreign Direct Investment written by Steffen Hindelang and published by Oxford University Press. This book was released on 2009-07-09 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law. It criticises the growth of protectionism within Europe, and sets out the legal limits on such policies.
Book Synopsis The Free Movement of Capital and Foreign Direct Investment by : Steffen Hindelang
Download or read book The Free Movement of Capital and Foreign Direct Investment written by Steffen Hindelang and published by . This book was released on 2009 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title offers a timely restatement of the EU law on free movement of capital, focusing on the effect of EU law on international investment. Through analysis of the complex case law, it sets out the rights enjoyed by investors under EU law.
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 345 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.
Book Synopsis Direct Investment, National Champions and EU Treaty Freedoms by : Frank S Benyon
Download or read book Direct Investment, National Champions and EU Treaty Freedoms written by Frank S Benyon and published by Bloomsbury Publishing. This book was released on 2010-08-20 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the EU, the legal dimension of trade in goods and, more recently, of trade in services have gained clear contours. This is less true for cross-border direct investments. Within the system of the fundamental freedoms, cross-border direct investments may fall within the scope of the freedom of establishment (Art 49 TFEU, 43EC), the free movement of capital (Art 63 TFEU, 56EC) and sometimes the freedom to provide services (Art 56 TFEU, 49EC). The free movement of capital has been the last fundamental freedom to be endowed with direct effect. The investment potential of Sovereign Wealth Funds makes this a very topical subject. The ECJ has started to develop the full potential of the free movement of capital and the freedom of establishment only recently. This has raised a number of important new questions, including how the two freedoms relate to each other, and how to balance the individuals' rights to market access with the Member States' competence to regulate in the public interest. In particular, the use of state measures to protect strategic or alleged public interests selectively, or to foster national champions, will be considered. Under settled case law, it suffices that a measure renders the exercise of the freedom 'less attractive' to find an infringement of the free movement rules. Potentially this opens the door for a broad review of the appropriateness of all non-harmonised mandatory rules contained in general national laws. There is also a general question of when free movement of capital and freedom of establishment may have horizontal effect, a matter raised by the Viking case. Horizontal application of the fundamental freedoms could lead to the exercise of control over private arrangements in many areas, including company law if they have a tendency to impede, or dissuade, market access by investors from other Member States. The particular situation of third country investors also has to be considered, insofar as they may benefit from the free movement of capital but not from the establishment and services freedoms. Recent developments in EU company law are discussed, notably those concerning simple cross-border relocation of businesses as well as those regulating take-over and mergers. Overall the book analyses the role of the market and the role of the state with regard to direct investment, delineates the competences of the EU and the Member States in this field and places the debate in the larger context of international direct investment. Focussing on recent developments, cases and debates, the book also looks at the changes made to the applicable rules by the Treaty of Lisbon, including the inclusion of foreign direct investment into the Community's trade policy, thus providing an overview of this cutting-edge issue and a reflection on the rationales that should guide the evolution of this field of law.
Book Synopsis International Investment by : Wolfgang Schmitz
Download or read book International Investment written by Wolfgang Schmitz and published by . This book was released on 1975 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Regulation of Foreign Investment in the United States 1973-93 and the Making of American Foreign Economic Policy by : Patrick Jude DeSouza
Download or read book The Regulation of Foreign Investment in the United States 1973-93 and the Making of American Foreign Economic Policy written by Patrick Jude DeSouza and published by . This book was released on 1994 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Investment Law in Context by : August Reinisch
Download or read book International Investment Law in Context written by August Reinisch and published by Eleven International Publishing. This book was released on 2008 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, international investment law has developed into one of the core areas of international law. The reason for this development is twofold. The number of cases has increased rapidly. The International Centre for Settlement of Investment Disputes has over a hundred pending cases and there are more before ad hoc tribunals, mostly operating under the United Nations' Commission on International Trade Law Rules. In addition, investment law has addressed a number of novel issues while also coming up with some innovative solutions. This book brings together the papers delivered at the Young Scholars Conference in International Economic Law, which was held at the University of Vienna Law School in June 2007. Under the general topic of "Current Issues and Developments in International Investment Law," the speakers addressed core issues like the definition of investment, legitimate expectations of investors, and the meaning and importance of references to domestic law included in many Bilateral Investment Treaties. Also discussed were topics like the role of investment law in the context of the European Union and its relation to cultural matters, human rights, and other non-investment issues. As international investment law is becoming more and more significant, a book such as this, dedicated to the latest developments in the field, will be of utmost importance to anyone interested in this area of law.
Book Synopsis Shaping the Single European Market in the Field of Foreign Direct Investment by : Philip Strik
Download or read book Shaping the Single European Market in the Field of Foreign Direct Investment written by Philip Strik and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.
Book Synopsis International Capital Flows by : Martin Feldstein
Download or read book International Capital Flows written by Martin Feldstein and published by University of Chicago Press. This book was released on 2007-12-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent changes in technology, along with the opening up of many regions previously closed to investment, have led to explosive growth in the international movement of capital. Flows from foreign direct investment and debt and equity financing can bring countries substantial gains by augmenting local savings and by improving technology and incentives. Investing companies acquire market access, lower cost inputs, and opportunities for profitable introductions of production methods in the countries where they invest. But, as was underscored recently by the economic and financial crises in several Asian countries, capital flows can also bring risks. Although there is no simple explanation of the currency crisis in Asia, it is clear that fixed exchange rates and chronic deficits increased the likelihood of a breakdown. Similarly, during the 1970s, the United States and other industrial countries loaned OPEC surpluses to borrowers in Latin America. But when the U.S. Federal Reserve raised interest rates to control soaring inflation, the result was a widespread debt moratorium in Latin America as many countries throughout the region struggled to pay the high interest on their foreign loans. International Capital Flows contains recent work by eminent scholars and practitioners on the experience of capital flows to Latin America, Asia, and eastern Europe. These papers discuss the role of banks, equity markets, and foreign direct investment in international capital flows, and the risks that investors and others face with these transactions. By focusing on capital flows' productivity and determinants, and the policy issues they raise, this collection is a valuable resource for economists, policymakers, and financial market participants.
Book Synopsis General Interests of Host States in International Investment Law by : Giorgio Sacerdoti
Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by Cambridge University Press. This book was released on 2014-05-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.
Book Synopsis Foreign Direct Investment by : I. Moosa
Download or read book Foreign Direct Investment written by I. Moosa and published by Springer. This book was released on 2002-01-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign direct investment is an important issue that has attracted the attention of academic and professional economists as well as politicians and policy makers. In Foreign Direct Investment , Imad A. Moosa presents a survey of the vast body of literature and ideas relating to foreign direct investment that will be invaluable as a reference work for all these groups. He provides concise definition and analysis of the theories behind foreign direct investment, and considers factors affecting its implementation. The impact of foreign direct investment on economic development, host countries and the growth of multinationals, together with methods for evaluating foreign direct investment projects are discussed. The book is based on the experiences of and the empirical evidence pertaining to foreign direct investment in a large number of countries, and includes case studies on specific projects.
Book Synopsis Capital Movements and Economic Integration by : Hans O. Lundström
Download or read book Capital Movements and Economic Integration written by Hans O. Lundström and published by . This book was released on 1961 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis OECD Codes of Liberalisation of Capital Movements and of Current Invisible Operations by :
Download or read book OECD Codes of Liberalisation of Capital Movements and of Current Invisible Operations written by and published by OECD. This book was released on 2003 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to promote the international free movement of capital, investment and services, the OECD has established a legally binding framework of Codes to govern the behaviour of OECD member countries through a balanced framework for gradual progress towards liberalisation. This publication discusses the content, structure and implementation of the OECD Codes.
Book Synopsis OECD Benchmark Definition of Foreign Direct Investment Third Edition by : OECD
Download or read book OECD Benchmark Definition of Foreign Direct Investment Third Edition written by OECD and published by OECD Publishing. This book was released on 1996-11-03 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: ThIS Third Edition of the OECD Benchmark Definition, fully consistent with the IMF Balance of Payments Manual, provides operational guidance on how FDI data should be compiled to meet internationally agreed standards.
Author :United States United States Department of State Publisher :Createspace Independent Publishing Platform ISBN 13 :9781532787850 Total Pages :30 pages Book Rating :4.7/5 (878 download)
Book Synopsis Germany by : United States United States Department of State
Download or read book Germany written by United States United States Department of State and published by Createspace Independent Publishing Platform. This book was released on 2016-04-17 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany has an open and welcoming attitude towards foreign direct investment (FDI). The 1956 U.S.-FRG Treaty of Friendship, Commerce and Navigation affords U.S. investors national treatment and provides for the free movement of capital between the United States and Germany. Germany subscribes to the OECD National Treatment Instrument and the OECD Codes of Liberalization of Capital Movements and of Invisible Operations. In 2013, the Capital Investment Code replaced the German Foreign Investment Act and the Foreign Trade and Payments Act and the Foreign Trade and Payments Ordinance were amended. For many decades, Germany has experienced significant inbound investment. It is widely recognized that foreign investment has been a considerable contributor to Germany's growth and prosperity. The German government and industry actively encourage foreign investment. U.S. investment has been strong and continues to account for a large share of foreign investment. The investment-related problems foreign companies face are generally the same as for domestic firms, for example, high marginal income tax rates and labor laws that impede hiring and dismissals.
Book Synopsis EU Foreign Investment Law by : Angelos Dimopoulos
Download or read book EU Foreign Investment Law written by Angelos Dimopoulos and published by Oxford University Press. This book was released on 2011-12-08 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.
Book Synopsis International Investment Agreements and EU Law by : Tomas Fecak
Download or read book International Investment Agreements and EU Law written by Tomas Fecak and published by Kluwer Law International B.V.. This book was released on 2016-09-25 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapidly growing number of investors’ disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors’ rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors’ rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: • ‘standards of treatment’ under IIAs; • investment-related provisions of EU law; • dispute settlement mechanisms and the conduct of investment disputes; • how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; • effect of political and institutional interests; • transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; • CJEU decisions concerning BITs concluded between EU Member States and third countries; • significant arbitral awards involving intra-EU BITs; • allocation of international responsibility for breaches of investors’ rights; • intra-EU dimension of the Energy Charter Treaty (ECT); • possibilities for review of arbitral awards by courts of Member States; • desirability of international protection of foreign investment in developed countries; and • role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities.
