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Wto Rules On Investment
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Book Synopsis The WTO and International Investment Law by : Jürgen Kurtz
Download or read book The WTO and International Investment Law written by Jürgen Kurtz and published by Cambridge University Press. This book was released on 2016-01-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.
Book Synopsis Protecting Foreign Investment by : Carlos M. Correa
Download or read book Protecting Foreign Investment written by Carlos M. Correa and published by Zed Books Ltd.. This book was released on 2013-07-04 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the mounting criticism that globalization is encountering, the developed countries continue to lose no opportunity to change the rules of the global economy in their favour, regardless of the impact on developing countries and the poor. This book examines one of the most important instances of this: the rich countries' insistence that the WTO not only launch a new round of world trade negotiations, but that rules which were supposed to be confined to trade issues now be extended by means of new agreements protecting foreign direct investment. What is being proposed would be at the expense of the freedom of developing countries to determine their own policies towards foreign capital in tune with their development policy objectives. The two authors of this book have an intimate knowledge of WTO negotiating processes. They explain in detail the North's relentless determination to give privileged protection to the overseas investments of its transnational corporations. These initiatives have included, inter alia, the OECD's failed MAI initiative, the World Bank-sponsored Multilateral Investment Guarantee Agency, and the WTO's General Agreement on Trade in Services (GATS) and Agreement on Trade-related Investment Measures (TRIMS). The authors spell out their consequences for developing countries. They examine whether there is any real case for a new multilateral framework on investment within the WTO. And they propose various options for developing countries to resist what amounts to a new form of Western protectionism, including how a development dimension could be incorporated in any new agreement, should the member countries of the WTO decide to proceed with negotiations. This book provides invaluable information and analysis for diplomats and trade negotiators, policy makers and scholars, as well as civil society activists concerned with the impact of TNC investments on development.
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.
Book Synopsis Investment Implications of Selected WTO Agreements and the Proposed Multilateral Agreementon Investment by : Mr.Matthias Vocke
Download or read book Investment Implications of Selected WTO Agreements and the Proposed Multilateral Agreementon Investment written by Mr.Matthias Vocke and published by International Monetary Fund. This book was released on 1997-05-01 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: The substantial increase in foreign direct investment (FDI) in recent years has triggered a discussion of a uniform treatment of investment in international law. Most contributions to the multilateral investment framework derive from the World Trade Organization (WTO) agreements on trade liberalization. The resulting framework is incomplete, as the WTO agreements restrict their focus on investment to aspects related to international trade and often apply to selected sectors only. A broader investment regime is needed to provide a more neutral incentive framework for investment liberalization and to promote efficient international investment flows.
Book Synopsis WTO Rules on Investment by : Amit Banerji
Download or read book WTO Rules on Investment written by Amit Banerji and published by . This book was released on 2008 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prime factor of trade liberalization, investment, eludes a comprehensive coverage in the multilateral rule based regime under the World Trade Organization. The Agreement on Trade Related Investment Measures, though one exclusively concentrated on investment, has proved to be insufficient as regards various barriers facing liberalization of cross-border investment flows are concerned. The proposed Multilateral Investment Agreement (MAI) of OECD Group of countries also having failed to come up as planned, the field remains unoccupied even today. It is high time, therefore, that a consensus needs to emerge at the multilateral level as regards basic rules of fair-play and liberalization of host country measures towards foreign investment flows.The chapterization is as under;I. IntroductionII. Trade Related Investment Measures: An Insight(A) What are Trade Related Investment Measures?(B) Why TRIMs?: The Underlying Rationale(C) Types of TRIMS(D) Effect of TRIMsIII. Agreement on Trade Related Investment Measures(A) Genesis(B) Appraisal of Provisions of the Agreement(C) Salient Features of the Agreement(D) Shortfalls/Defects of the Agreement(E) Disputes Raised under the Agreement and Their ImplicationsIV. Other provisions of WTO dealing with Investment(A) GATT 1994(B) General Agreement on Trade in Services (GATS)(C) Agreement on Subsidies and Countervailing Measures (SCM Agreement)V. Bilateral and Multilateral Investment Treaties and their Relationship with WTO(A) Bilateral Investment Treaties and Their Advantages(B) Multilateral Investment Treaties and Their Advantages(C) OECD's MAI(D) BITs Principles on Investment: Lessons to be learntVI. Conclusion.
Book Synopsis Investment Screening and WTO Law by : Erich Vranes
Download or read book Investment Screening and WTO Law written by Erich Vranes and published by Springer Nature. This book was released on 2023-12-12 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a worldwide intensification in the use of investment screening mechanisms. This surge is connected with political re-orientations, the rise of new economic powers, and security concerns. Despite the considerable effects that investment screening may have on international investment and trade, there is hardly any literature examining the consequences to be drawn from relevant WTO rules for investment screening. However, the importance of WTO law for such instruments is substantial not least due to the broad scopes of application of the GATT and GATS agreements. The risk that screening activities could be challenged before the WTO is underlined by pertinent panel reports. This book in particular uses the 2019 EU Screening Regulation as an example for illustrating the relevance that WTO law has for investment screening. It concludes that in the light of relevant WTO rulings screening activities undertaken for public order and security reasons may face considerable hurdles not least in the general exceptions and security exceptions of the GATT and the GATS.
Author :International Trade Law Center Publisher :Springer Science & Business Media ISBN 13 :0387226885 Total Pages :3142 pages Book Rating :4.3/5 (872 download)
Book Synopsis The World Trade Organization by : International Trade Law Center
Download or read book The World Trade Organization written by International Trade Law Center and published by Springer Science & Business Media. This book was released on 2007-12-31 with total page 3142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.
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.
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 321 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.
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.
Book Synopsis Selected WTO Rules and Some Implications for Fund Policy Advice by : Thierry D. Buchs
Download or read book Selected WTO Rules and Some Implications for Fund Policy Advice written by Thierry D. Buchs and published by International Monetary Fund. This book was released on 1996-03-01 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper surveys six WTO agreements selected on the basis of their potential relevance for Fund-supported programs, namely Customs Valuation, Subsidies, Safeguards, Antidumping, Trade-Related Investment Measures, and Trade in Services. It offers a critical reading of the rules, and highlights potential issues of concern for the Fund in its policy dialogue with member countries with selected country examples. As some rules have very different implications for various groupings of countries, the paper calls attention to policy consistency in the trade area of these countries, and points out some areas where implementation of the rules might pose problems.
Book Synopsis The WTO and the Proposed Multilateral Investment Agreement by : Martin Khor
Download or read book The WTO and the Proposed Multilateral Investment Agreement written by Martin Khor and published by . This book was released on 1996 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Most-favoured-nation Treatment by : United Nations Conference on Trade and Development
Download or read book Most-favoured-nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
Book Synopsis Principles of International Trade and Investment Law by : Mitchell, Andrew D.
Download or read book Principles of International Trade and Investment Law written by Mitchell, Andrew D. and published by Edward Elgar Publishing. This book was released on 2021-09-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.
Book Synopsis Protecting Investment in Services by : Martín Molinuevo
Download or read book Protecting Investment in Services written by Martín Molinuevo and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments’ policymaking capacity? Who can gain access to investor-State arbitration and WTO dispute settlement? The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.
Book Synopsis The WTO, the Internet and Trade in Digital Products by : Sacha Wunsch-Vincent
Download or read book The WTO, the Internet and Trade in Digital Products written by Sacha Wunsch-Vincent and published by Bloomsbury Publishing. This book was released on 2006-01-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of the Internet has led to a growing potential for electronic trade in digital content like movies, music and software. As a result, there is a need for a global trade framework applicable to such digitally-delivered content products. Yet, digital trade is currently not explicitly recognised by the trade rules and obligations of the World Trade Organization (WTO). This study provides a complete analysis of the related challenges in the ongoing WTO Doha Negotiations to remedy this state of affairs. It elaborates on the required measures in the multilateral negotiations to achieve market access for digital content and examines the obstacles that lie on the path to reach consensus between the United States and the European Communities. Negotiation parameters analysed include the current US and EC regulatory approach to audiovisual and information society services and the evolution of their applicable trade policy jurisdiction. Finally, this examination takes stock of how the Doha Negotiations and parallel US-driven preferential trade agreement have so far contributed to securing free trade in digital content. As new technologies are an increasingly prominent source of trade dispute, this book is an assessment of how WTO Members can maintain the relevance of the multilateral trade framework in a changing technological and economic environment. "This important work highlights the missed opportunity in on-going global trade talks -- the failure to pursue a free trade framework for digitally delivered content. If not corrected, one can readily imagine the rise of discriminatory barriers to digital trade of the type that have dogged global trade flows for years, and a failed recognition by the WTO of the reality of modern commerce. The WTO should, as the author argues, put a "spotlight" on electronic trade, and move forward in a comprehensive fashion." Ambassador Charlene Barshefsky, Former United States Trade Representative "Wunsch-Vincent provides a comprehensive analysis of the challenges to establish a liberal trade regime for trade in digital products. This book will become an important point-of-reference for anybody interested in e-commerce and the WTO." Carlos A. Primo Braga, Senior Adviser, International Trade Department, The World Bank
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.
