International Investment Agreements

International Investment Agreements PDF
Author: United Nations Conference on Trade and Development
Publisher: United Nations Publications
ISBN: 9789211126600
Size: 32.73 MB
Format: PDF, ePub, Docs
Category : Business & Economics
Languages : en
Pages : 392
View: 1511

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The number of international investment agreements (IIAs) continues to grow as the use of foreign direct investment (FDI) flows has become a key part of our globalised economy, with for example, almost two bilateral investment treaties added every week during 2004. This publication is the first of a three volume compilation of papers to aid negotiators and policy-makers, in particular from developing countries, with issues arising in discussions of IIAs. This volume contains 12 chapters which cover a range of issues including: an overview of key trends; scope and definition; admission and establishment; most-favoured nation treatment; fair and equitable treatment; taking of property; transfer of funds; transparency; and dispute settlement.

Arbitration Under International Investment Agreements

Arbitration Under International Investment Agreements PDF
Author: Katia Yannaca-Small
Publisher: Oxford University Press on Demand
ISBN: 0195340698
Size: 37.48 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 767
View: 6016

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Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

Legal Protection Of Foreign Direct Investment A Critical Assessment With Focus On South Africa And Zimbabwe

Legal Protection of Foreign Direct Investment  A Critical Assessment with Focus on South Africa and Zimbabwe PDF
Author: Talkmore Chidede
Publisher: Anchor Academic Publishing
ISBN: 396067550X
Size: 15.79 MB
Format: PDF, Kindle
Category : Business & Economics
Languages : en
Pages : 239
View: 5127

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This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.

The Oxford Handbook Of International Investment Law

The Oxford Handbook of International Investment Law PDF
Author: Peter Muchlinski
Publisher: Oxford University Press on Demand
ISBN: 0199231389
Size: 59.53 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 1282
View: 4162

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This work offers a comprehensive account of the current state and likely future developments of international investment law. Its broad range covers conceptual, substantive and procedural issues. Containing specially commissioned essays by leading experts in the field, this book will be of interest to both scholars and practitioners.

The Evolving International Investment Regime

The Evolving International Investment Regime PDF
Author: Jose E. Alvarez
Publisher: Oxford University Press
ISBN: 0199878161
Size: 13.18 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 308
View: 2413

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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?"

Investment Promotion Provisions In International Investment Agreements

Investment Promotion Provisions in International Investment Agreements PDF
Author: Bernan
Publisher: Unctad Series on International
ISBN:
Size: 78.35 MB
Format: PDF
Category : Business & Economics
Languages : en
Pages : 103
View: 4154

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Investment promotion covers all activities and measures aimed at creating favorable determinants for foreign investment in the host country. This publication focuses on the international agreements on the promotion and protection of foreign investment.The study provides an overview as to what extent current international investment agreements (IIA) practice explicitly deals with investment promotion and to explore ways on how investment promotions aspect of IIA could be enhanced. It also seeks to fill a gap in research and policy analysis.--Publisher's description.

Identifying Core Elements In Investment Agreements In The Apec Region

Identifying Core Elements in Investment Agreements in the APEC Region PDF
Author: Conference on Trade and Development
Publisher: Unctad Series International Investment
ISBN:
Size: 41.44 MB
Format: PDF, ePub, Docs
Category : Business & Economics
Languages : en
Pages : 137
View: 1358

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This study responds to an Asia-Pacific Economic Cooperation (APEC) forum Investment Experts Group request to identify the core elements in investment agreements in the APEC region. This includes identifying the range of approaches taken in respect of these elements. The study sample, selected by APEC, includes 28 international investment agreements (IIAs) between and/or involving APEC member economies. These comprise 14 bilateral investment treaties (BITs) and 14 preferential trade and investment agreements (PTIAs).The report also provides a means for considering how different IIA address three possible objectives: investment liberalisation, investment protection, and investment promotion.

The Foundations Of International Investment Law

The Foundations of International Investment Law PDF
Author: Zachary Douglas
Publisher: OUP Oxford
ISBN: 0191508586
Size: 49.37 MB
Format: PDF
Category : Law
Languages : en
Pages : 586
View: 2861

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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Transnational Corporations

Transnational Corporations PDF
Author:
Publisher:
ISBN:
Size: 45.42 MB
Format: PDF, ePub, Docs
Category : International business enterprises
Languages : en
Pages :
View: 3792

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Best Practices In Investment For Development

Best Practices in Investment for Development PDF
Author: John M. Kline
Publisher: United Nations Publications
ISBN:
Size: 15.77 MB
Format: PDF, Docs
Category : Business & Economics
Languages : en
Pages : 95
View: 4668

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The Series provides practical advice and case studies of best policy practice for attracting and benefiting from foreign direct investment (FDI), in line with national development strategies. It draws on the experiences gained in United Nations Conference on Trade and Development (UNCTAD) capacity - and institution-building work in developing countries and countries with economies in transition. The Investment Advisory consists of Series A and Series B. This Series B examines how policy choices affect relative outcomes in achieving reliable power supply at competitive economic cost. It studies electricity infrastructure in Chile and New Zealand and explores "best practice" to create an institutional environment conducive to maximizing development benefits from increased foreign investment.

Best Practices In Investment For Development

Best Practices in Investment for Development PDF
Author:
Publisher: United Nations Publications
ISBN:
Size: 61.85 MB
Format: PDF, ePub, Mobi
Category : Business & Economics
Languages : en
Pages : 113
View: 1705

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The Series provides practical advice and case studies of best policy practice for attracting and benefiting from foreign direct investment (FDI), in line with national development strategies. It draws on the experiences gained in United Nations Conference’s on Trade and Development (UNCTAD) capacity- and institution-building work in developing countries and countries with economies in transition. The Investment Advisory consists of Series A and Series B. This Series B describes and analyses the policies and approaches of two countries with experience in private sector solutions to improve roads infrastructure. Whilst one of the cases is a developed country, the aim of the study is to elucidate best practices experiences that can give guidance to policy makers in developing countries.