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Author : E. I. Nwogugu
Publisher : Manchester University Press
Page : 358 pages
File Size : 46,7 Mb
Release : 1965
Category : Developing countries
ISBN : 8210379456XXX
Author : E. J. Nwogugu
Publisher : Unknown
Page : 320 pages
File Size : 45,8 Mb
Release : 1972
Category : Electronic
ISBN : 0379002116
Author : Sinisa Petrovic,Rino Siffert
Publisher : Independently Published
Page : 180 pages
File Size : 45,5 Mb
Release : 2019-02-25
Category : Law
ISBN : 1797447874
In the world as globalized as it is nowadays, it is almost impossible to imagine an economy without foreign investments. A country's attitude towards foreign investment greatly differ; some have a more open-minded legislation and it really makes no difference whether an investment is domestic or from another country, while some countries tend to be more cautious and still perceive foreign investments as uncommon and treat them as an exception. Be it as it may for any reason, one basically cannot argue that foreign investments are an important economic factor. The content of this book is the result of the authors' professional experience from various capacities in which they dealt with foreign investments. The book is not intended to present an absolutely comprehensive research of all legal aspects of foreign investments; rather, it gives a general review of, in the authors' view, most important issues which either an investor or a host country may encounter. The purpose was to give a sort of checklist of these issues and to refer to legal sources, which help to find more detailed and profound answers to various problems that derive from foreign investments.The intent of the authors was that the book can be used as a kind of textbook for introductory classes at law faculties, but also as a guide to legal practitioners and businesses. Even though most of the issues are notably important for investments in developing countries, we dare to say that many of them may be equally essential for any investment in any country, irrespective of its level of economic and legal development.
Author : Olivier De Schutter,Johan Swinnen,Jan Wouters
Publisher : Routledge
Page : 359 pages
File Size : 53,8 Mb
Release : 2012-11-27
Category : Law
ISBN : 9781135128067
This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.
Author : Petros C. Mavroidis
Publisher : World Scientific
Page : 510 pages
File Size : 52,9 Mb
Release : 2013
Category : Business & Economics
ISBN : 9789814390842
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.
Author : Fath El Rahman Abdalla El Sheikh
Publisher : Cambridge University Press
Page : 606 pages
File Size : 43,9 Mb
Release : 2003-09-18
Category : Business & Economics
ISBN : 0521817722
Revised edition considers incentives and facilities, investment treaties, investment insurance programmes, and remedies for aggrieved investors.
Author : Jean Gabriel Castel,A. L. C. de Mestral
Publisher : Unknown
Page : 776 pages
File Size : 47,5 Mb
Release : 1978
Category : Investments, Canadian
ISBN : STANFORD:36105043644025
Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 454 pages
File Size : 45,8 Mb
Release : 1994-08-18
Category : Law
ISBN : 0521465281
The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.
Author : Tullio Treves,Francesco Seatzu,Seline Trevisanut
Publisher : Routledge
Page : 434 pages
File Size : 44,8 Mb
Release : 2013-10-23
Category : Law
ISBN : 9781135071899
Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Author : Robert Pritchard
Publisher : Springer
Page : 298 pages
File Size : 47,6 Mb
Release : 1996-03-07
Category : Business & Economics
ISBN : UOM:39015037477703
Full Title: Economic Development, Foreign Investment and the Law Promoting Economic Development through Private Sector Involvement, Foreign Investment and the Rule of Law This new publication was inspired by the desire to commemorate the 25th Anniversary of the founding of the Section on Business Law of the International Bar Association. Practising lawyers from all over the world have contributed to this book with their knowledge and expertise. The issues involved in the economic development process have been pursued with a practical approach. Bearing in mind that the legal system of each country is unique, that many countries are currently undergoing major programmes of legal reform, and that most development issues are country-specific, this study does not make any claim to comprehensiveness or coherency of treatment. If the book helps to accelerate reform efforts, it will have achieved a useful purpose. It is hoped that it will serve as a source of practical information for a wide range of people interested in the legal aspects of development and investment issues, including the special issues associated with the use of foreign capital.
Author : Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe
Publisher : Kluwer Law International B.V.
Page : 978 pages
File Size : 51,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041131669
Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Author : Surya P Subedi
Publisher : Bloomsbury Publishing
Page : 363 pages
File Size : 46,6 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781509936380
'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.
Author : Crawford Shaw
Publisher : Unknown
Page : 288 pages
File Size : 44,5 Mb
Release : 1962
Category : Business & Economics
ISBN : STANFORD:36105034882014
Author : Shyami Puvimanasinghe
Publisher : BRILL
Page : 320 pages
File Size : 51,8 Mb
Release : 2007-05-11
Category : Law
ISBN : 9789047419976
Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.
Author : Paul E. Comeaux,N. Stephan Kinsella
Publisher : Unknown
Page : 0 pages
File Size : 55,7 Mb
Release : 1997
Category : Country risk
ISBN : 0379213710
While conditions for foreign investors are generally safer in today's global economy than in previous decades, the issues to consider with regard to political risk go far beyond the obvious. Investors must continue to exercise caution in developing countries or under governments with a history of instability, & even the "safest" countries have certain risks associated with them. The only text available of its kind, this authoritative volume discusses the political risk of expropriation, both direct & indirect, & the various protections that are available under international law to minimize these risks. Plus, detailed references, useful appendices & contact information are provided. Written from the perspective of the practitioner, this text provides: * A review & explanation of the international law regarding political risk * Methods for the investor to reduce exposure to political risk through business structure, contract negotiation, & risk insurance * An explanation of the arbitral, judicial, & political options open to the investor following a taking of the investor's property Topics Covered Include: * International law regarding expropriation * Treaty provisions regarding protection of investment * Contracts with host states * Procuring investment insurance * Diplomacy between the host state & the investor's home state.