Foreign Direct Investment And The Law In Zambia
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Foreign Direct Investment And The Law In Zambia
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Author : Chipasha Mulenga
language : en
Publisher:
Release Date : 2020
Foreign Direct Investment And The Law In Zambia written by Chipasha Mulenga and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Resource Nationalism In International Investment Law
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Author : Sangwani Patrick Ng’ambi
language : en
Publisher: Routledge
Release Date : 2015-11-06
Resource Nationalism In International Investment Law written by Sangwani Patrick Ng’ambi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-06 with Law categories.
Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.
Understanding Investment Law In Zambia
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Author : Sangwani Patrick Ng'ambi
language : en
Publisher:
Release Date : 2017
Understanding Investment Law In Zambia written by Sangwani Patrick Ng'ambi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Government ownership categories.
"Understanding Investment Law in Zambia deals with both the domestic law and international legal norms pertaining to foreign direct investment. A wide array of topics is covered in this book, including the contractual, legislative and treaty-based protections available to investors as they consider entrusting their capital to another jurisdiction."--Back cover.
International Investment Law And Gender Equality
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Author : Sangwani Patrick Ng’ambi
language : en
Publisher: Routledge
Release Date : 2020-03-27
International Investment Law And Gender Equality written by Sangwani Patrick Ng’ambi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-27 with Law categories.
This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.
Foreign Direct Investment
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Author : Dale R. Weigel
language : en
Publisher: World Bank Publications
Release Date : 1997-01-01
Foreign Direct Investment written by Dale R. Weigel and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Business & Economics categories.
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.
International Investment Law And Development
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Author : Stephan W. Schill
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-12-18
International Investment Law And Development written by Stephan W. Schill and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-18 with LAW categories.
International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.
Legal Protection Of Foreign Direct Investment A Critical Assessment With Focus On South Africa And Zimbabwe
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Author : Talkmore Chidede
language : en
Publisher: Anchor Academic Publishing
Release Date : 2016-09
Legal Protection Of Foreign Direct Investment A Critical Assessment With Focus On South Africa And Zimbabwe written by Talkmore Chidede and has been published by Anchor Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09 with Business & Economics categories.
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.
Law Investment In Africa
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Author : Tinahse Kondo
language : en
Publisher: African Sun Media
Release Date : 2021-04-19
Law Investment In Africa written by Tinahse Kondo and has been published by African Sun Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-19 with Business & Economics categories.
Zimbabwe has had a chaotic foreign direct investment (FDI) regime. This has created the need for a detailed volume on the most important developments around the protection and treatment of FDI, at not only a domestic level, but also at bilateral, regional and international levels. The author argues that while Zimbabwe has now harmonised, previously scattered legislation under the Zimbabwe Investment and Development Agency Act [Chapter 14:37] and taken measures to reverse (to varying degrees) controversial policies such as the land reform programme and the Indigestion and Economic Empowerment Policy, scepticism still prevails over the investor-friendliness of the FDI regime in Zimbabwe.
Legal Aspects Of Foreign Direct Investment
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Author : Alfred Escher
language : en
Publisher: Springer
Release Date : 1999-10-14
Legal Aspects Of Foreign Direct Investment written by Alfred Escher and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-10-14 with Business & Economics categories.
Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled businesses as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources. Consequently, it is always changing. The various actors involved, including transnational corporations, local companies, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors or their local counterparts and financial intermediaries, each follow their own interests. By its nature, FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators. Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires an ongoing learning process for all who wish to understand and successfully manage foreign investment transactions. All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. The authors of this book are all concerned with FDI as either academics or practicioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts: first, a general introduction on FDI by Dr. Escher; next, an analysis on the emerging international law on FDI and related areas; and finally, an overview of FDI law in a variety of countries in Asia, Africa, Latin-America, and Europe.
Zambia S Policies Towards Foreign Investment
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Author : Oliver S. Saasa
language : en
Publisher:
Release Date : 1987
Zambia S Policies Towards Foreign Investment written by Oliver S. Saasa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Business & Economics categories.