Power In The International Investment Framework
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Power In The International Investment Framework
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Author : Maria A. Gwynn
language : en
Publisher: Springer
Release Date : 2016-07-26
Power In The International Investment Framework written by Maria A. Gwynn and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-26 with Political Science categories.
This book offers a unique analysis of bilateral investment treaties (BITs). By developing a new, power-focused paradigm for understanding the international investment framework, the author illustrates why there was no paradoxical behaviour when developing countries agreed to the BIT regime, and what has spurred their reaction against it now. She also examines how attempts to regulate investment at a multilateral level have failed, and why the rules of the framework are evolving. Inspired by the work of Susan Strange, Gwynn fills a significant lacuna in our understanding of these issues by demonstrating how power determines the actions of all those involved. This holistic reinterpretation of international investment focuses in particular on Latin America, but has wider implications for the negotiation of new treaties, including such controversial provisions as the Transatlantic Trade and Investment Partnership. It will appeal to lawyers, economists, political scientists and scholars of Latin America.
China S International Investment Strategy
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Author : Julien Chaisse
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-02-21
China S International Investment Strategy written by Julien Chaisse and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-21 with categories.
Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.
The Three Laws Of International Investment
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Author : Jeswald W. Salacuse
language : en
Publisher: OUP Oxford
Release Date : 2013-02-14
The Three Laws Of International Investment written by Jeswald W. Salacuse and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.
National Security In International And Domestic Investment Law
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Author : Yuwen Li
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-20
National Security In International And Domestic Investment Law written by Yuwen Li and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-20 with Law categories.
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns. The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy. The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.
The Legal Protection Of Foreign Investments Against Political Risk
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Author : Thomas Nektarios Papanastasiou
language : en
Publisher: Quid Pro Books
Release Date : 2015-08-19
The Legal Protection Of Foreign Investments Against Political Risk written by Thomas Nektarios Papanastasiou and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-19 with Law categories.
The Legal Protection of Foreign Investments Against Political Risk examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis—using case studies and international law, and examining actual contracts—to the specific context of foreign investment in five Asian countries’ power infrastructure projects. “Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou’s book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions.” — Junji Nakagawa, Professor of International Economic Law, Institute of Social Science, University of Tokyo Author, International Harmonization of Economic Regulation (Oxford University Press, 2011) “This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients’ property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices.” — N. Stephan Kinsella, Attorney, Houston, Texas Co-author, International Investment, Political Risk, and Dispute Resolution (OUP, 2005) “This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries.” — Shujiro Urata, Professor of International Economics, Graduate School of Asian Pacific Studies, Waseda University Co-editor, Economic Consequences of Globalization: Evidence from East Asia (Routledge, 2012)
International Investment Law And Water Resources Management
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Author : Ana Maria Daza-Clark
language : en
Publisher: BRILL
Release Date : 2016-12-01
International Investment Law And Water Resources Management written by Ana Maria Daza-Clark and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.
The Brics In The New International Legal Order On Investment
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Author : Congyan Cai
language : en
Publisher: BRILL
Release Date : 2020-03-31
The Brics In The New International Legal Order On Investment written by Congyan Cai and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-31 with Law categories.
The BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.
Rising Power Limited Influence
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-01-24
Rising Power Limited Influence written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-24 with Business & Economics categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations. China's resurgence has spawned anxieties about an impending revision of the Liberal International Order. Drawing on case studies of Chinese investments across Europe, the contributors to this volume investigate the ways in which China translates its growing resources into effective influence, with varying degrees of success. They find that influence is most effectively achieved by harnessing the agency of states and societies in Europe towards China's preferences. Fragmented and messy rather than unified and coherent, these preferences comprise an amalgam of domestic, regional, and international considerations rather than aimed at revising world order. Nevertheless, as the contributors to this volume demonstrate, the interaction of European agency and Chinese preferences could have a variety of unintended consequences that range from straining the Liberal International Order to strengthening it. Against narratives that foreground inevitable conflict or assured cooperation, Rising Power, Limited Influence innovates a dynamic framework to understand the granular ways in which states and societies in Europe interact with state and society in China to (re-)shape the Liberal International Order. Its contribution is three-fold. Conceptually, it offers a relational definition of power that pinpoints attention to the ways in which China translates its growing investments in Europe towards influencing the preferences of host countries. Empirically, it outlines the different modalities through which China harnesses the agency of European countries towards its own (fragmented) preferences. Theoretically, the book introduces a dynamic framework to understand the interaction between state-society relations in China with state-society relations in European countries to comprehensively appreciate the extent, limits, and modalities of resurgent China's global influence.
Public Health In International Investment Law And Arbitration
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Author : Valentina Vadi
language : en
Publisher: Routledge
Release Date : 2013
Public Health In International Investment Law And Arbitration written by Valentina Vadi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Business & Economics categories.
As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy.
The Origins Of International Investment Law
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Author : Kate Miles
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-24
The Origins Of International Investment Law written by Kate Miles and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-24 with Law categories.
An examination of the origins of international investment law and their continued resonance in the twenty-first century.