Legal Treatment of Foreign Investment

Legal Treatment of Foreign Investment
Author: Ibrahim F. I. Shihata
Publisher: Martinus Nijhoff Publishers
Total Pages: 492
Release: 1993-10-27
Genre: Law
ISBN: 9780792325253

Corporation law dates from the 19th century when the growth of business enterprise required a division between the private & the company sphere, making the company a legal person with its own rights, responsibilities & liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees & the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. & elsewhere.

The treatment and taxation of foreign investment under international law

The treatment and taxation of foreign investment under international law
Author: Fiona Beveridge
Publisher: Manchester University Press
Total Pages: 361
Release: 2022-12-20
Genre: Law
ISBN: 1526171236

Now available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is an examination of key issues concerning the treatment of foreign investment and the taxation of investors. It looks at some of the challenges which globalization has thrown up for the international community from a legal perspective and sets developments alongside more traditional approaches. Particular attention is paid to the needs and aspirations of developing countries and the implications for them of free trade orthodoxy. After outlining the established framework of laws concerning investment protection and taxation, the author looks at experiences in the European Union and the North Atlantic Free Trade Agreement and at a range of disputes and legal developments to assess whether international legal regimes are responding adequately to meet the needs of states and investors alike. OECD initiatives on taxation and the aborted Multilateral Agreement on Investment negotiations are examined in conjunction with the relevant provisions of the World Trade Organization Agreements.

Foreign Investment, International Law and Common Concerns

Foreign Investment, International Law and Common Concerns
Author: Tullio Treves
Publisher: Routledge
Total Pages: 434
Release: 2013-10-23
Genre: Law
ISBN: 1135071896

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.

The Three Laws of International Investment

The Three Laws of International Investment
Author: Jeswald W. Salacuse
Publisher: OUP Oxford
Total Pages: 472
Release: 2013-02-14
Genre: Law
ISBN: 0191665304

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.

Investment Treaties and the Legal Imagination

Investment Treaties and the Legal Imagination
Author: Nicolás M. Perrone
Publisher: Oxford University Press, USA
Total Pages: 273
Release: 2021-02-11
Genre: Law
ISBN: 0198862148

This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

International Investment Law

International Investment Law
Author: Surya P Subedi QC
Publisher: Bloomsbury Publishing
Total Pages: 258
Release: 2012-08-01
Genre: Law
ISBN: 1847319874

This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct 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 unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other. Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field. This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment.

Legal treatment standards for international investments. Heuristic aspects

Legal treatment standards for international investments. Heuristic aspects
Author: Cristina-Elena Popa Tache
Publisher: ADJURIS – International Academic Publisher
Total Pages: 123
Release: 2021-06-18
Genre: Law
ISBN: 6069497872

Discussing the standards of legal treatment for international investment, means subjecting the law branch in its entirety to research. Representing the most comprehensive part, of particular importance for international investment law, treatment standards continue to generate a series of differentiations whose understanding and approach often require the analysis of the starting points that led to the emergence, by division, of this branch of law. International investment treatment standards represent or should represent the direct effect of the principles of international investment law, thus being their expression, with a pronounced logical affinity between them. Specifically, they are not confused with the principles, but they are the practical reflection at the level of rights and obligations, applicable to the performers in this field, in the highlight of the theoretical-practical aspect, having a customary origin, as well as the principles underlying their development. Following this logic and analyzing the situation of the latest investment treaties, it turns out that there is an insufficiency in the preponderance of treatment standards, compared to the principles, much more numerous and constantly expanding, of this field of law. The specificity of this branch of law consists in the emphasis on its fundamental concepts, essentializing what determines the whole, being considered as a science of essentialization and, ultimately, the role of any method of scientific research is to analyze, discover and highlight what this branch of law represents, as a whole, what determines it, the connections of this ensemble with other sciences, the composition and structuring of the system and the substantiation of the connections between its components. The standards of legal treatment of international investments settled with the individualization of international investment law. Their appearance took place gradually, depending on the path marked by the stages of emergence and evolution of the legal regime of foreign investment, from the legal phenomenon to the branch of law, from trade in general to foreign investment in particular. In all of this, legal scientific research plays a key role because any codification activity must be scientifically substantiated. Any codification policy must ensure a balance between the diachrony and the synchrony of international investment law (between the dynamics and the statics of this law). A complete analysis of the treatment standards of international investments can be performed only by a close correlation because the singular existence of a standard specific to this field is excluded from the start. The importance of establishing and existence of eloquent and integrated treatment standards is a condition for survival under international economic crises. The main feature of this monograph is to present the subject in a way that is as easy to understand as possible to study and apply such rules, being a very useful and valuable material for students, masters, doctoral students, theoreticians and practitioners.

The International Law on Foreign Investment

The International Law on Foreign Investment
Author: M. Sornarajah
Publisher: Cambridge University Press
Total Pages: 555
Release: 2010-05-06
Genre: Law
ISBN: 1139936441

Given recent seismic upheavals in the world's money markets, an updated edition of an authoritative, reliable textbook on the international law of foreign investment has rarely been so timely. Sornarajah's classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market oriented economics to regulatory controls. By offering thought-provoking analysis of not only the law, but related developments in economics and political sciences, Sornarajah gives immediacy and relevance to the discipline. This book is required reading for all postgraduate and undergraduate international law students specialising in the law of foreign investments.