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Global Regulation of Foreign Direct Investment by Sherif H Seid Pdf
This title was first published in 2002: After the failure of the Multilateral Agreement on Investment (MAI), the world does not have a global investment agreement that would regulate FDI. A global investment agreement dealing with FDI would clearly fill a large gap in the network of regulatory measures governing the world economy. Other attempts had been made prior to the MAI to address this problem, but all have failed so far. The main reason for such failures has always been the lack of compromise in the positions held by the major stakeholders. This book analyses the pros and cons of these opposing positions and uses them as a basis for forging a hybrid model called "Regulated Openness".
Global Regulation of Foreign Direct Investment by Sherif H. Seid Pdf
"This title was first published in 2002: After the failure of the Multilateral Agreement on Investment (MAI), the world does not have a global investment agreement that would regulate FDI. A global investment agreement dealing with FDI would clearly fill a large gap in the network of regulatory measures governing the world economy. Other attempts had been made prior to the MAI to address this problem, but all have failed so far. The main reason for such failures has always been the lack of compromise in the positions held by the major stakeholders. This book analyses the pros and cons of these opposing positions and uses them as a basis for forging a hybrid model called "Regulated Openness"."--Provided by publisher.
Regulation of Foreign Investment by Zdenek Drabek,Petros Mavroidis Pdf
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. Contents:Introduction (Zdenek Drabek and Petros C Mavroidis)Regulation of Investment in the Trade Régime: From ITO to WTO (Petros C Mavroidis)Domestic, Regional and Multilateral Investment Liberalization (Jorge A Huerta Goldman)Mode 3 of the GATS: A Model for Disciplining Measures Affecting Investment Flows? (Bart De Meester and Dominic Coppens)Labor Standards and Human Rights: Implications for International Trade and Investment (Drusilla K Brown, Alan V Deardorff and Robert M Stern)Interactions Between Subsidies Regulation and Foreign Investment, and the Primacy of the International Trade Regime (Tomer Broude)Environmental Protection (Daniel M Firger and Michael B Gerrard)Technology Transfer: Regulatory Issues and International Investment Agreements (Keith E Maskus)Sovereign Wealth Funds and Political Risk: New Challenges in the Regulation of Foreign Investment (Victoria Barbary and Bernardo Bortolotti)International Tribunals as Agents of Harmonization (Moshe Hirsch)Foreign Acquisitions and National Security: What are Genuine Threats? Whatare Implausible Worries? (Theodore H Moran)Public Services, Investment Liberalization and Protection (Federico Ortino)The EU Approach to Investment (Americo Beviglia Zampetti and Colin Brown)Harmonization of Rules on Foreign Investment (Zdenek Drabek) Readership: Policy makers, negotiators, business councils, NGOs, legal profession (international trade and investment law), economic profession (academics). Keywords:Harmonization;Regulation;Foreign Investment;International EconomicsKey Features:Treatment of “new generation” issues such as human rights or sovereign wealth fundsTreatment of highly controversial issues of harmonization including subsidies, public services and technology transfer or the actual choice whether to harmonize or notAnalysis provided by top international scholarsReviews: “The remarkable collection of papers assembled by Drabek and Mavoridis succeeds both in identifying and explaining in clear terms the most salient questions in the regulation of foreign investment today… The diversity of themes covered in this book make it essential reading for anyone interested in an accessible overview of the latest developments in the regulation of foreign investment.” J. World Trade Review
Foreign Direct Investment, Regulations and Growth by Matthias Busse,José Luis Groizard Cardosa Pdf
"This paper explores the linkage between income growth rates and foreign direct investment (FDI) inflows. So far the evidence is rather mixed, as no robust relationship between FDI and income growth has been established. The authors argue that countries need a sound business environment in the form of good government regulations to be able to benefit from FDI. Using a comprehensive data set for regulations, they test this hypothesis and find evidence that excessive regulations restrict growth through FDI only in the most regulated economies. This result holds true for different specifications of the econometric model, including instrumental variable regressions. "--World Bank web site.
Regulation of Foreign Investment by Petros C. Mavroidis Pdf
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.
EU Framework for Foreign Direct Investment Control by Jacques H.J. Bourgeois Pdf
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.
The report reviews lessons from the International Finance Corporation's (IFC) investment, and advisory experience in the developing world, which show the interactions between policy frameworks, and the volume and structure of foreign direct investments (FDI). Case studies show how the Corporation promotes successful project structures, and regulatory changes, as it tries to attain the strongest development impact for investments. In developing countries, FDI has flowed mainly into manufacturing, and processing industries. In the past, investment attractiveness had been closely linked to possession of natural resources, or a large domestic market, while production and trade globalization, competitiveness as a location for investment, and exporting, have become the main determinants of attractiveness. Sources of FDI in the past, came almost exclusively from industrial countries, though recently those sources have widened, emerging from developing countries in their own right, and for their own regions. IFC, as an international initiative to promote FDI in developing countries, is liable to promote bilateral trade agreements, bilateral and multilateral financial institutions, and investment promotion programs; its advisory role may vary from diagnostic studies overviewing constraints to FDI, to investment policy studies giving specific solutions on either changes, or strategies. The study further looks at how policy environment is set, and at finding investor opportunities, through project financing, largely structured as joint ventures. The inherent, fragile nature of joint ventures, restricts foreign ownership, thus limiting project structures; however, careful project design has lead to successful operations, by ensuring management, and financial arrangements. Still, to maximize benefits, an unfinished agenda of policy reform remains, and, as more countries open to FDI, this integration will lead to an overall increase in FDI flows.
Foreign Direct Investment Statistics How Countries Measure FDI by OECD,International Monetary Fund Pdf
Foreign Direct Investment Statistics: How Countries Measure FDI shows progress in recent years in moving toward compilation in accordance with international standards that have been established by the International Monetary Fund (IMF) and the ...
Author : E. Nieuwenhuys,M. M. T. A. Brus Publisher : Kluwer Law International B.V. Page : 254 pages File Size : 50,8 Mb Release : 2001-06-13 Category : Business & Economics ISBN : 9789041198440
Multilateral Regulation of Investment by E. Nieuwenhuys,M. M. T. A. Brus Pdf
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.
Author : World Bank Group Publisher : World Bank Publications Page : 321 pages File Size : 51,5 Mb Release : 2020-07-06 Category : Business & Economics ISBN : 9781464815430
Global Investment Competitiveness Report 2019/2020 by World Bank Group Pdf
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.
Foreign Direct Investment and the Global Economy by Jeremy Alden,Nicholas F. Phelps Pdf
With the emergence of a truly global marketplace, regions now face far greater competition in attracting outside investment, and multinational companies have to consider local conditions on many levels before choosing to invest. Foreign Direct Investment and the Global Economy looks at the pattern of FDI and its impacts on the global, regional (trade block), national and sub-national scales. The contributors describe the much discussed global-local interlay apparent in the operations of multinational companies and their involvement with 'regulatory' institutions at different levels, from the global to the local.
Asia's Changing International Investment Regime by Julien Chaisse,Tomoko Ishikawa,Sufian Jusoh Pdf
This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.
Foreign Direct Investment, Regulations, and Growth by Matthias Busse Pdf
This paper explores the linkage between income growth rates and foreign direct investment (FDI) inflows. So far the evidence is rather mixed, as no robust relationship between FDI and income growth has been established. The authors argue that countries need a sound business environment in the form of good government regulations to be able to benefit from FDI. Using a comprehensive data set for regulations, they test this hypothesis and find evidence that excessive regulations restrict growth through FDI only in the most regulated economies. This result holds true for different specifications of the econometric model, including instrumental variable regressions.
Author : Jose E. Alvarez,Karl P. Sauvant Publisher : Oxford University Press Page : 308 pages File Size : 52,9 Mb Release : 2011-04-19 Category : Law ISBN : 9780199878161
The Evolving International Investment Regime by Jose E. Alvarez,Karl P. Sauvant Pdf
With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"
Partisan Investment in the Global Economy by Pablo M. Pinto Pdf
Pinto develops a partisan theory of foreign direct investment (FDI) arguing that left-wing governments choose policies that allow easier entry by foreign investors more than right-wing governments, and that foreign investors prefer to invest in countries governed by the left. To reach this determination, the book derives the conditions under which investment flows should be expected to affect the relative demand for the services supplied by economic actors in host countries. Based on these expected distributive consequences, a political economy model of the regulation of FDI and changes in investment performance within countries and over time is developed. The theory is tested using both cross-national statistical analysis and two case studies exploring the development of the foreign investment regimes and their performance over the past century in Argentina and South Korea.
