Legal Aspects Of Foreign Investments In Developing Countries
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Author | : Sinisa Petrovic |
Publisher | : Independently Published |
Total Pages | : 180 |
Release | : 2019-02-25 |
Genre | : Law |
ISBN | : 9781797447872 |
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 | : E. I. Nwogugu |
Publisher | : Manchester University Press |
Total Pages | : 358 |
Release | : 1965 |
Genre | : Developing countries |
ISBN | : |
Author | : Alfred Escher |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 1999-10-14 |
Genre | : Business & Economics |
ISBN | : 9789041112149 |
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.
Author | : Fawzi Naimi |
Publisher | : |
Total Pages | : |
Release | : 1989 |
Genre | : |
ISBN | : |
Author | : Paul E. Comeaux |
Publisher | : |
Total Pages | : 0 |
Release | : 1997 |
Genre | : Country risk |
ISBN | : 9780379213713 |
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.
Author | : Olivier de Schutter |
Publisher | : Routledge |
Total Pages | : 359 |
Release | : 2013 |
Genre | : Business & Economics |
ISBN | : 0415535484 |
The effect on developing countries of the arrival of foreign direct investment (FDI) has been a subject of controversy for decades in the development community. The debate over the relationship between FDI in developing countries and the progress of these countries towards human development is an ongoing and often heated one. Adopting an interdisciplinary perspective combining insights from international investment law, human rights law and economics, this book offers an original contribution to the debate. It explores how improvements ...
Author | : Rumiko Kobayashi |
Publisher | : |
Total Pages | : |
Release | : 1989 |
Genre | : Investments, Foreign (International law) |
ISBN | : |
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521763274 |
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author | : Tullio Treves |
Publisher | : Routledge |
Total Pages | : 397 |
Release | : 2013-10-23 |
Genre | : Law |
ISBN | : 113507190X |
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 | : Stephen Gorove |
Publisher | : |
Total Pages | : 106 |
Release | : 1977 |
Genre | : Investments, Foreign |
ISBN | : |