To see the other types of publications on this topic, follow the link: Investment Law.
Dissertations / Theses on the topic 'Investment Law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Investment Law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
1
Asteriti, Alessandra. "Greening investment law." Thesis, University of Glasgow, 2011. http://theses.gla.ac.uk/2813/.
Full textAbstract:
This thesis investigates the relationship between investment law and the power of states to produce and implement environmental measures. Through a strictly legal approach, and by situating the issue within the framework of public international law, this project endeavours to find avenues for the incorporation of environmental legal obligations within the investment legal regime. The thesis examines the main substantive protections granted to investors by the system of bilateral and multilateral investment instruments, before considering the ways in which, through express provisions, general conflict rules, and procedural means, tribunals can take environmental law into account. This taxonomy is tested in the third part of this work, through the analysis of the jurisprudence issuing from investment tribunals in disputes containing an environmental element.
2
Karlsson, Yberthia. "Data as Protected Investment Under International Investment Law." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443419.
Full textAbstract:
Over the last decades technological companies have grown significantly and impacted our societies both politically and economically.The significant amount of user data these companies collect and manage have economic as well as political impacts on our societies. The busines model of social media companies has raised alerts and provoked calls for regulatory measures. The thesis investigated whether social media platforms ‘data’ can constitute a protected investment under a Bilateral Investment Treaty, and what is the position of the international investment law if any about the digital economy. The author made an analysis of data localization regulation to determine if tech companies can claim protection under a BIT to avoid potential issues of a domestic regulation. After the analysis of international legal instruments, BITs and scholar literature the results of the study concluded that data could constitute a protected investment under the wording of certain BITs.
3
Rydermark, Oskar. "Interpreting the Term ‘Investment’ in International Investment Law by Subsequent Agreements." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-405866.
Full text
4
Fathallah, Raed M. "International law in investment agreement arbitration." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439724.
Full text
5
Garcia-Bolwar, O. "Emerging international law of foreign investment." Thesis, University of Edinburgh, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.651316.
Full textAbstract:
This thesis examines the emerging international law of foreign investment (FI). The thesis is divided into two parts and a conclusion. The first part is divided into two chapters. A general approach to the concept of FI is made in the first one. The second chapter explores the legal doctrines used to solve the problems involved in FI. Concepts such as sovereignty, State responsibility and property are described therein. At the end of the first part, it is concluded that there are four issues that are the most important for the international law of FI. They are: a) what kind of FI should be protected by the law of FI; b) what standard should be used for admission of investors; c) what kind of general and specific standards of treatment (treatment of the right of property) should be given to the investors after it has been admitted; d) whether there should be a mechanism of dispute settlement. If so, then what kind of disputes would be settled; what that be State-State disputes or also Investors-State disputes? The second part of the thesis describes the emerging rules of FI and looks at how these rules have approached the above mentioned four issues. Chapter III looks at the Bilateral Investment Treaties (BITs). Chapter IV deals with a selection of multilateral instruments of international law of FI: the World Bank guidelines, the OECD Guidelines and the United Nations draft code of conduct for Transitional Corporations. The chapter also deals with the recent OECD proposal for a binding multilateral agreement on FI. The chapter focuses on how these instruments have solved the issues raised in the first part of the thesis. Another part of this chapter deals with binding multilateral instruments such as the ICSID Convention and the MIGA Convention. The chapter also examines the World Trade Organisation (WTO) instruments related to FI, such as the General Agreement on Trade of Services (GATS) and the agreement of Trade Related Investment Measures (TRIM).
6
Mark, Heinz Juergen. "Regulation of foreign investment in Canada : the foreign investment review act and the Investment Canada Act." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66114.
Full text
7
Barkei, Christian L. "Foreign direct investment in Syria : an analysis of Investment Law No. 10." Thesis, Durham University, 2004. http://etheses.dur.ac.uk/3165/.
Full textAbstract:
This thesis examines the economic situation in Syria during the 1980's and 1990's and assesses the reasoning behind the introduction of Investment Law No. 10. It discusses the validity of the general assumption that Investment Law No. 10 marked the first step in the opening-up of the Syrian economy. It firstly examines the structure of the Syrian state to ascertain whether the regime would have any particular interest in promoting such legislation apart from a general wish to increase the economic well-being of its population, placing the discussion of investment vehicles within a more general economic framework. It then places the economic and political situation in Syria at the time of the introduction of the legislation within its particular political and economic historical context and then examines the legislation and its actual implementation and operation in detail to try to obtain an accurate picture of projects operating under Investment Law No 10. This is of particular relevance as prior to this study no overarching view of the actual implementation of Investment Law No 10 has been attempted. The wider economic picture in Syria is then scrutinized to evaluate the overall economic situation for investment projects operating under Investment Law No. 10. In conclusion, the links between economics and politics in Syria are examined in order to establish the actual motives and reasoning of the regime in introducing this particular piece of legislation.
8
Yan, Xiaoqing. "Regulation of foreign investment in Chinese law." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56636.
Full textAbstract:
Prior to 1979, the legal system of the People's Republic of China (PRC) did not provide any mechanism for foreign direct investment (FDI). China's decision to accept FDI came with the arrival of a new political leadership set upon the pursuit of radically different economic policies following the Cultural Revolution. The new leadership sought to take China on the quickest route to modernization while still remaining loyal to the socialist state. Therefore, while the Chinese Constitution insists on public ownership as the basis of the economy, it also recognizes and encourages other forms of economic activity which benefit the national economy. This reform process led to an enlarged private sector and considerable FDI. That process continues today as the Chinese legal system moves further towards the promotion and protection of foreign investment and international norms of economic behaviour.This thesis examines the development of China's legal regime regarding foreign investment. It will highlight distinctive features of that regime such as the enactment of laws by both national and regional governments.
The thesis will also examine how the opening to FDI has resulted in increased interest in international law by the Chinese government. With considerable speed, China has recognized and adhered to international treaties regarding foreign investment since the end of the Cultural Revolution.
Finally, this thesis will analyze the many difficulties surrounding FDI in China today. Managing foreign investment in a centrally planned economy has led to many legal, political, social, and economic problems. The focus of this analysis will be on legal difficulties concerning FDI which are of particular concern to foreign investors.
9
Thurston, Richard L. "Foreign Investment and Law Reform in China." MIT-Japan Program, 1996. http://hdl.handle.net/1721.1/7572.
Full text
10
Romson, Åsa. "Environmental Policy Space and International Investment Law." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-74521.
Full textAbstract:
This dissertation analyses the implications of international investment law on host states’ legal ability to protect the environment, regulate sustainable use of natural resources, and develop new approaches to manage environmental risks and uncertainties. ‘Environmental policy space’ is found to be a useful term when exploring the regulatory autonomy in this context. On one hand, investment law aims to ensure stability of the investment environment. On the other hand, environmental law needs flexibility to react to the degradation of the environment. It is found that those different aims do not have to be in conflict. There are useful mechanisms in national environmental law which provide for accessible, transparent and predictable decisions for the private actor. These mechanisms can fulfill the aim of stability in investment law. It is, however, concluded that core provisions of international investment treaties risk to put constraints to environmental law in a variety of ways. To diminish these risks, states, when concluding investment treaties, should make clear that constraining environmental regulation is not compatible with the overarching aim of sustainable development. Furthermore, the interpretation of provisions of investment protection must respect principles and instruments of environmental law not to continue being unbalanced towards investor interests. It is also concluded that allowing for investor – state arbitration, without the investor exhausting local remedies, will ignore the important national administrative review system of public environmental measures.
11
Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.
Full textAbstract:
Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making.
This thesis focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied?
For the first time, this thesis: proposes a comprehensive understanding of PRPs in IIAs by drawing notably on the General Agreement on Tariffs and Trade (“GATT”) Uruguay Round of negotiations and on the United States Bilateral Investment Treaty (“BIT”) Programme; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation (“MFN”) treatment clauses to PRPs in the future.
Finally, this thesis formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way.
12
Ismailov, Otabek. "The Necessity Defense in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/35860.
Full textAbstract:
More than fifty investor-state arbitration claims have been filed by foreign investors against the Republic of Argentina due to the country's adoption of measures to mitigate the consequences of a severe financial crisis that struck the country in the early 2000s. Argentina invoked the Non-Precluded Measures (NPM) clause in the U.S.-Argentina Bilateral Investment Treaty (BIT) and the necessity defence in customary international law as its defense in these arbitrations. As a result of taking divergent approaches to interpreting the NPM clause in the U.S.-Argentina BIT, the tribunals reached inconsistent decisions on Argentina’s liability for damages incurred by foreign investors, which intensified the legitimacy crisis in the investment arbitration regime. Consequently, the tribunals’ approaches to interpreting the nexus requirement of the treaty NPM clause (the "necessary for" term) caused a fierce academic debate among scholars.
This thesis studies the issues related to the inconsistent interpretation of treaty NPM clauses and the customary necessity defense in the investment arbitration regime. It presents a detailed examination of the necessity defense in customary international law and treaty NPM clauses through the lens of regime theory. By applying relevant concepts of regime theory, such as regime formation, regime attributes, regime consequences and regime dynamics, this work explores the origins and evolution of the necessity doctrine, and provides a comparative analysis of the attributes, structural elements and the consequences of invoking the customary necessity defense and treaty NPM clauses.
This thesis analyses the interpretative issues in the Argentine cases, and based on the dynamics of developments in the practice of states, it arrives at concrete proposals that will contribute to the coherent practice of investment arbitration tribunals in interpreting treaty NPM clauses. By applying the concept of interaction of regimes, this thesis provides a comparative analysis of tests suggested by scholars for interpreting Article XI of the U.S.-Argentina BIT. It examines whether the interpretative testsmargin of appreciation, proportionality and less restrictive meansused by dispute settlement bodies in other specialized treaty regimes have the potential to serve as an optimal standard for interpreting Article XI. This work explains the contents of these tests and inquires as to the advantages and criticisms related to their application in the investment arbitration regime. This thesis further advances the argument that the interpretation of treaty NPM clauses (Article XI of the U.S.-Argentina BIT) should be performed with strict adherence to the general rules of interpretation as established under Article 31 of the Vienna Convention on the Law of Treaties (VCLT). Specifically, it argues that in cases when tribunals fail to define the meaning of a treaty provision under Article 31 (1) and (2) of VCLT, they should not look for guidance from other specialized treaty regimes, but rather, must have recourse to general international law, specifically, customary rules of international law. As a methodology for performing this interpretation, this thesis proposes to apply a systemic integration approach through operationalizing Article 31(3)(c) of VCLT.
Furthermore, this thesis advances the argument that the interpretation of the only means requirement of the customary necessity defense (Article 25 of Articles on the Responsibility of States) does not accurately reflect the contemporary customary rules on necessity. Thus, by applying the concept of regime dynamics, it proposes to reconceptualise the interpretation of the only means requirement through incorporating the elements of a more progressive version, which is found in the international trade regime. Unlike the scholars who rejected the application of the customary necessity elements, and proposed the direct importation of the LRM test from the international trade regime to interpret Article XI, this thesis proposes a different approach to taking advantage of the WTO jurisprudence. Specifically, it argues that WTO jurisprudence can be incorporated into the investment regime indirectly by serving as a source from which we can identify the development of state practice in examining the "only means" nature of state measures adopted in emergency (necessity) circumstances. It is contended that such state practice represents a more progressive and practical approach to interpreting the only means requirement of customary necessity defense, and thus, should be incorporated into the interpretation practice of investment arbitral tribunals.
13
Picker, Charlotte-Sophie. "The development of South African investment protection law – legal protection of foreign investments under the Protection of Investment Act no. 22 of 2015 with special regard to indirect expropriation." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27534.
Full textAbstract:
Foreign Direct Investment (FDI) constitutes an important tool regarding the generation of capital inflow and economic growth and development, particularly for developing countires. Bilateral Investment Treaties (BITs) constitute the prevalent global mechanism in respect of the protection of FDI. Following the Apartheid era and its economic isolation, South Africa concluded numerous BITs with capital exporting countries, especially European countries, in order to show its desire to reengage with the international community especially by the provision of long-term protection regarding foreign investments made within the Republic. However, in 2008 the South African government conducted a review of its BITs as a reaction to the ICSID case Piero Foresti et al. v Republic of South Africa. This review process was concluded by the decision to terminate or not to renew numerous BITs, particularly with European countries, whilst establishing a national investment policy framework. Subsequently, in December 2015 the Protection of Investment Act No. 22 of 2015 was promulgated. The replacement of BITs with national legislation was widely criticised by members of the international investment community asserting that the scope of protection regarding FDIs within the South African territory was significantly lower than under the previous BITs and the enactment of the Investment Act sent a negative signal to foreign investors. The South African Department of Trade and Industry, on the contrary alleged that an overhaul of the current investment framework was necessary due to unacceptably limited policy space and neglect of the specific socio-economic challenges found in South Africa in regards to BITs. Generally, BITs inhibited the promulgation of vital national legislations, which sought to rectify the abhorrent racial discrimination and injustice experienced by the majority of South Africans during Apartheid. Furthermore, the investor-state dispute settlement provisions allowed mere commercial interests to influence crucial national concerns in an intolerable way. This dissertation assesses the Protection of Investment Act No. 22 of 2015 against the background of these opposing assertions. By outlining the protection mechanisms ordinarily provided by BITs and the customary international minimum standard and the examination of the provisions entailed by the Protection of Investment Act No. 22 of 2015, this dissertation shows that certain stipulations of the Investment Act provide a considerably lower scope of protection regarding foreign investments in comparison to the previous BITs. Particularly in terms of crucial elements such as fair and equitable treatment, most-favoured nation treatment and investor-state dispute settlement, the protection of foreign investments is reduced. Moreover, the Investment Act and the Constitution of the Republic of South Africa No. 108 of 1996 determine a significantly narrower concept of expropriation, whilst lacking provisions regarding compulsory payment of compensation in terms of indirect measures, and a limited concept of full protection and security. These stipulations are essentially incompatible with the requirements of the customary international minimum standard. Therefore, the Protection of Investment Act No. 22 of 2015 is likely to create uncertainty and unpredictability regarding the protection of investments, and is likely to decrease investor confidence in South Africa as an investment venue. The thesis concludes that the manner of utilisation of the preserved policy space, and the application not only of the Investment Act, but of the entirety of the foreign investment related legislation, will be decisive in order to achieve a harmonious balance between the domestic public interest, policy space and foreign investors' need for predictable and reliable investment protection. It will be necessary for the government to show its dedication and commitment towards the establishment of a balanced regime, equally taking into account the respective needs and interests whilst preventing arbitrariness and discrimination, in order to maintain South Africa's status as a foreign investment-friendly venue and to convince foreign investors of the continued long-term protection of investments in South Africa.
14
Sasson, Monique. "Substantive law in investment treaty arbitration : the uneasy relationship of international law and municipal law." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.611808.
Full text
15
Bonnitcha, Jonathan Merrington. "How much substantive protection should investment treaties provide to foreign investment?" Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:5e74c893-2224-403f-b3d3-06f23ed5c28f.
Full textAbstract:
This thesis contributes to academic debate about the question: how much substantive protection should investment treaties (IITs) provide to foreign investment? Chapters 5 and 6 argue that arbitral tribunals have interpreted fair and equitable treatment and indirect expropriation provisions of existing IITs in several different ways. Each of these interpretations is sketched as a model level of protection that could be explicitly adopted by states in the future, either through inclusion in new IITs, or through amendment to existing IITs. In this way, the thesis defines a range of prospective options available to states concerning the level of protection to provide to foreign investment through IITs. The thesis evaluates the relative desirability of these different levels of protection. The thesis argues that different levels of protection should be evaluated according to their likely consequences. The thesis develops a framework for inferring and understanding the likely consequences of adopting different levels of protection. The framework proposes that the consequences of a given level of protection can be understood in terms of its likely effect on: economic efficiency; the distribution of economic costs and benefits; flows of foreign direct investment into host states; the realisation of human rights and environmental conservation in host states; and respect for the rule of law in host states. Within this framework, the thesis provides an assessment and synthesis of existing empirical evidence and explanatory theory so far as they relate to the consequences of IIT protections. It also specifies the normative criteria by which these consequences should be evaluated. Through the application of this framework, the thesis concludes that lower levels of protection of foreign investment are, in general, likely to be more desirable than higher levels of protection.
16
Bissonnette, Marc. "Legal aspects of foreign investment in Québec." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61264.
Full textAbstract:
Recent years have witnessed a growing concern among foreign investors about the laws and policies concerning foreign investment in Quebec and Canada. This thesis focuses on the laws that affect non Canadians doing business in Canada and Quebec.The introduction deals with the history of the policies concerning foreign ownership in Quebec and Canada. Section two analyzes the juridical personality of foreigners. Thereafter, this thesis will study the different implications for aliens acquiring moveables or immoveables in Quebec. This writer will analyze the legislative provisions and policies concerning foreign investment that are enacted by the federal government and the provincial government. A survey of the extraterritoriality of Antitrust laws and the international approach of settling the problems of confiscation, expropriation and nationalization follows. This thesis will briefly examine the Provincial legislation in immigration. Finally, the conclusion attempts to offer an alternative to the solutions arrived at by the federal and the provincial government of Quebec. (Abstract shortened by UMI.)
17
Nipawan, Pakittah. "The ASEAN way of investment protection : an assessment of the ASEAN comprehensive investment agreement." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6954/.
Full textAbstract:
This thesis assesses the new ASEAN Comprehensive Investment Agreement (ACIA) in the light of international practice. Investment protection is at the heart of this investment regime. Considering the ACIA as a tool of regional integration, its structure and contents demonstrate its ultimate objective of attracting intra-ASEAN investment flows for the realisation of a single market and production base under the ASEAN Economic Community (AEC). Analysis focuses on the specific elements of the ACIA and how they balance two contradictory interests, i.e. the protection of ASEAN investors and the sovereignty of ASEAN Member States to regulate investments in their territory. Tracking the solutions and innovations of substantial and procedural provisions introduced by the ACIA, it is found that the “ASEAN Way” of consensus and flexibility remains, even though ASEAN has become the AEC with rules and institutions. This general ASEAN Way is specifically reflected in the “ASEAN Way of Investment Protection”. Given the ASEAN-specific context, the ACIA shows a unique balance of States’ and investors’ interests which differs from that of international investment agreements of other regional integration initiatives. While the ACIA aims to protect ASEAN investors, it attempts to respect the sovereignty of ASEAN Member States, by giving more policy space to regulate for public purposes. From these findings, recommendations are offered to improve the ASEAN investment regime. The understanding of the “ASEAN Way of investment protection” may help interpretation and application of investment protection standards of the ACIA, as well as the other existing investment agreements. The ACIA may also serve as a platform for negotiations of future ASEAN investment agreements.
18
Alhijazi, Yahya Z. D. "Developing countries and foreign direct investment." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21670.
Full textAbstract:
Along with international trade, foreign direct investment (FDI) has been the engine driving the current economic globalization of the world economy. The growth rate of FDI, which exceeded that of international trade and world output throughout the 1990s, raises important questions regarding the value of FDI to developing countries as host countries to FDI and the role it can play in their development.In an attempt to answer these questions, this thesis tackles the main issues underlining FDI and developing countries. After analysing the pros and cons of FDI for developing countries and other interested parties, this thesis scrutinizes the regulation of FDI as a means to balance the interests of the concerned parties, giving an assessment of the balance of interests in some existing and potential FDI regulations. Furthermore, this thesis highlights the case against the deregulation of FDI and its consequences for developing countries. It concludes by formulating regulatory FDI guidelines for developing.
19
Okhomina, Grace Esohe. "The quest for a multilateral agreement on investment (MAI)." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
Full textAbstract:
The aim of this examination was to identify those evolving trends that are common to multilateral agreements some of which have been entered into by African developing countries, bearing in mind the debates and position of African developing countries. The study also aimed at examining the effects of these regulations on African countries especially with key provisions and the kinds of rights and obligations they confer on investors as well as the host country. As there is a need to create a balance between the interest of the host nation and the investor, the study also aimed at identifying if those evolving common trends can be used to establish a guideline for a standard bilateral investment treaty or on the other hand whether they can be used as a template for a multilateral agreement on investment.
20
Boyce, Gizelle Marie. "An examination of whether the protection of Investment Act represents a successful alternative to bilateral investment treaties." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25200.
Full textAbstract:
The aim of this thesis is to examine whether South Africa's recently promulgated Protection of Investment Act represents a viable alternative to the bilateral investment treaty regime. In undertaking this examination, the bilateral investment treaty regime which preceded the Protection of Investment Act was first reviewed and some of the typical clauses found in these treaties were examined. Pursuant to this examination, the Foresti arbitration, through which a group of Italian and Luxembourgish investors challenged South Africa's affirmative action measures in the mining industry on the basis of the bilateral investment treaties that South Africa had entered into, was then introduced. The author examined the claim made in Foresti, South Africa's response and the final award. The next Chapter then turned to the effects of the Foresti arbitration, which set in motion South Africa's review of the BITs it had entered into, and then the eventual termination of these BITs and replacement with the Protection of Investment Act. In answering the central question of this thesis, a clause by clause analysis of the Protection of Investment Act was conducted in order to determine whether that Act is able to satisfy the deficiencies highlighted in the BIT review pursuant to Foresti. In conducting this analysis, the author highlighted some notable omissions in the Protection of Investment Act. Through this review and comparison, it was concluded that the Protection of Investment Act fails as a viable alternative to the bilateral investment treaty regime for a number of reasons, and in particular for crystallising the flawed BIT regime through a legislative savings provision. A better alternative for South Africa would have been renegotiating historical BITs based on a Model BIT incorporating the necessary amendments to rectify the perceived BIT limitations as highlighted in South Africa's BIT review.
21
Petit, Elizabeth J. "The Rule of Law and U.S. Direct Investment Abroad." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/623.
Full textAbstract:
This paper employs an augmented gravity model for a sample of 96 host countries to examine the impact of host country rule of law on direct investment from the United States. This paper further investigates the gap between property rights and freedom from corruption, the two primary components of a country’s rule of law. Property rights and freedom from corruption are both shown to have a significant positive effect on U.S. outward foreign direct investment. This thesis argues that freedom from corruption is a more powerful measure than property rights for determining the location of U.S. direct investment. This suggests that for host countries, reducing the level of corruption may be more effective at stimulating direct capital investment from U.S. investors than expanding property rights.
22
Ho, Ming-Yu. "Law, foreign direct investment and economic development in Taiwan." Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/36280/.
Full textAbstract:
This research looks at the legal regime governing foreign direct investment (FDI) in Taiwan, and at the interaction between the Government's economic policies, legal reform and FDI in the economic development of Taiwan. The research for this thesis is focused on the period of 1945 to the present; however, a study of the pre-1945 period is provided as a basis for analysing the post-1945 developments. There are three principal aims of this thesis. First, the thesis is designed to illustrate how the economic success of Taiwan challenges traditional views put forward in development theories and in law and development theories, in particular. Secondly, the thesis considers the role of law in the development process. By examining the evolution and operation of the FDI legal regime in Taiwan in its economic, social, political and historical context, this research suggests that the role of law is as a 'doorkeeper' for a country's development. If consistent with a public-interest-oriented economic policy, an appropriate and wellconsidered legal regime can help a country's development without risking its economic sovereignty. Finally, this thesis examines Taiwan's current FDI regime for its appropriateness. Using international law as a reference-point, a detailed analysis is made of Taiwan's current FDI laws. The thesis suggests that certain of these laws are out of date and that further legal reform is required. The thesis concludes by slightly modifying the developmental model for law and FDI which is put forward in Chapter 1, in order to emphasise the important role of government economic policy in Taiwan's development. It is submitted that the Government's choice of development strategy in each of Taiwan's different development phases has been crucial to Taiwan's success. The thesis also concludes that an appropriate legal regime remains important for a country's development regardless of its development status.
23
Wang, L. "State-owned enterprises and the international investment law regime." Thesis, University of Liverpool, 2017. http://livrepository.liverpool.ac.uk/3018906/.
Full text
24
Chitsove, Emma. "Combatting corruption in international investment law: challenges and prospects." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/75809.
Full textAbstract:
Corruption is increasingly playing a critical role in international investment arbitration disputes. Investors have lost rights under BITs against a State due to corruptly securing its investment. Corruption has been raised by the investor as a sword, and by the State as a shield against investor’s claims. This has raised concerns about whether international investment arbitrations and institutions should be seized with corruption matters and if so, in what form and substance. This thesis argues that the contemporary international investment regulatory regime is inadequate to combat corruption in foreign investment transactions. The main challenge with the bulk of the international investment agreements which contain anti- corruption clauses is that these provisions are couched as general principles and prohibitions, merely encouraging the host States to enact and enforce anti-corruption laws. These instruments are of less functional value to investment arbitrators when faced with allegations of corruption. It further argues that the prevailing host State’s legal mechanisms are inherently inadequate to effectively regulate and combat corruption relating to foreign direct investments, and therefore there is a need for an international intervention through international investment agreements. The situation is exacerbated by the divergent approaches taken by investment arbitrators when dealing with corruption in investment transactions. This thesis recommends the adoption of an elaborate anti-corruption clause in international investment agreements. The main contribution of this thesis is to suggest a framework for combatting corruption in investment transactions. It provides a model anti-corruption treaty clause which attempts to promote accountability of both the foreign investor and the State. This model anti-corruption clause includes guiding factors that arbitrators in the investor-State arbitration may take into account when arbitrating disputes involving corruption, so that they can meaningfully contribute towards combatting corruption.Thesis (LLD)--University of Pretoria, 2020.
Public Law
LLD
Unrestricted
25
Mugangu, Marie Providence Ntagulwa. "Harmonising investment laws in the OHADA space." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15194.
Full textAbstract:
The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established for the purpose of restoring legal and judicial security in the region to attract more investment. The OHADA Treaty included certain areas of business law within its ambit but omitted investment law. There are several laws on investment in the region at the national, regional and sub-regional level that regulate the treatment of foreign investments such as CEMAC and UEMOA investment charters. Moreover OHADA states sign BITs to protect foreign investments. The relationship between the different sub regional laws on investment and OHADA is not yet clear but case law suggests that CEMAC and UEMOA courts recognise the supremacy of OHADA law and their lack of competence to hear matters regulated under OHADA. The standards of protection granted by OHADA states in BITs are very high thus taxing on them. This thesis suggests that OHADA states should either qualify these standards of protection or replace them with more specific provisions. The OHADA system of arbitration cannot effectively settle investment disputes arising out of a BIT leaving international arbitration systems such as ICSID as the best alternative to resolve investment disputes arising out of BITs.
26
Björkegren, Caroline. "CSR - förhållandet till Impact Investment och dess beskattningskonsekvenser." Thesis, Karlstads universitet, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-68532.
Full text
27
Schram, Ashley. "International Trade and Investment Agreements and Health: The Role of Transnational Corporations and International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35231.
Full textAbstract:
Addressing complex global health challenges, including the burden of noncommunicable diseases (NCDs), will require change in sectors outside of traditional public health. Contemporary regional trade and investment agreements (RTAs) like the Trans-Pacific Partnership (TPP) continue to move further ‘behind-the-border’ into domestic policy space introducing new challenges in the regulation of health risk factors. This dissertation aimed to clarify the pathways through which RTAs influence NCDs, and to explore points along those pathways with the intent of improving the existing evidence base and supporting policy development. This work develops a critical theoretical framework exploring the ideas, institutions, and interests behind trade and investment policy; it also develops a conceptual framework specifying how trade and investment treaty provisions influence NCD rates through the effects of trade and investment on tobacco, alcohol, and ultra-processed food and beverage products, as well as access to medicines and the social determinants of health. Using health impact assessment methodology, three analytical components were designed to examine pathways of influence from RTAs to health outcomes as mediated by the interests of transnational corporations (TNCs). The first component explored the influence of industry during the TPP negotiations and how its health-related interests were reflected in the final TPP text. The second component examined the role of trade and investment liberalisation in health-harmful commodity markets, finding a rise in TNC sales after a period of liberalisation. The third component demonstrated how investor rights and investor-state dispute can challenge the state’s right to regulate if it damages the profits of TNCs, which may threaten effective health regulation, and provides opportunities to strengthen the right to regulate. The work in this dissertation provides support for the thesis that trade and investment policies are a fundamental structural determinant of health and well-being, which are highly influenced by TNCs that guide such policies in the interest of maximising their profits and protections, often to the detriment of public policy and population health. This work identifies the need for more robust health impact assessments of RTAs before future agreements are ratified, as well as an imperative to challenge vested interests that entrench neoliberal policy preferences that have hindered sustainable and equitable development.
28
Wang, Gang 1958 Sept 13. "Foreign direct investment laws of China and Canada." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33062.
Full textAbstract:
FDI plays an important role in economic life. It is arguably an even more significant driving force behind economic growth than trade in goods and services nowadays.China and Canada are both important FDI absorbers, but their FDI laws display various characteristics due to their different economic bases, political structures and legal systems etc. In order to guide FDI practice in the two countries and to draw on Canada's experience for China's FDI law, this thesis mainly introduces the FDI policies of China and Canada, analyzes the FDI law systems of the two countries, and expounds their general regulations on FDI.
29
Titi, Catharine [Verfasser]. "The Right to Regulate in International Investment Law / Aikaterini Titi." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2014. http://d-nb.info/1108812678/34.
Full text
30
Demirkol, Berk. "Responsibility under international investment law for acts of the judiciary." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708071.
Full text
31
Posman, Kisakiu Pomalat. "Compensation for nationalization of private foreign investment international law standards." Thesis, University of Ottawa (Canada), 1987. http://hdl.handle.net/10393/5078.
Full text
32
Cser, Melinda. "Comparison of South Africa's automotive investment scheme to similar trade, export and investment financial assistance regimes (incentives) of Nigeria and Kenya." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19737.
Full textAbstract:
Comparison of South Africa 's Automotive Investment Scheme to similar trade, export and investment financial assistance (incentives) regimes of Nigeria and Kenya The AIS is a South African government investment incentive offered within South Africa's Automotive Production and Development Program. The intention of the AIS is to grow and develop the automotive sector through investment in the production of new and/or replacement models and components. The overall aim of the research is to analyse whether the manner in which the AIS incentives seek to achieve the above objectives , and the objectives themselves are aligned and furthermore to indicate the potential weakness of the AIS . The analysis of the weaknesses focuses in particular on potential inconsistencies amongst the provisions of the AIS or amongst the provisions of the AIS and the provisions of its sub - components. Furthermore, the research will review whether the economic benefit criteria of the AIS to be fulfilled by applicants are sufficiently detailed or the lack of details creates uncertainty with the interpretation and implementation. Lastly, the paper will review the transparency elements of the AIS. To obtain an answer to this question, the AIS will be analysed and will be compared against the policies and/or legislation of Nigeria and Kenya, where applicable, to determine whether the policies of these two countries could inform the AIS in achieving its objectives. The analysis will be executed in six chapters. The first chapter is an introduction. Chapter two will cover the policy reasons for the introduction of automotive (and manufacturing related) policies in South Africa, Nigeria and Kenya. Chapter three will provide an overview of the policies and, where applicable, the relevant legislation in the three countries that deal with the automotive industries. As the policies of the three countries are very differently construed , the intention of this paper is not to undertake a full and comprehensive overview of all the relevant South African legislation dealing with tax, customs duties or investment protection to investors in the automotive sector because such legislation is currently one of the key pillars of the Nigerian and Kenyan policies . Therefore, the focus will be on comparing the structure, objectives and operation of the policies of Nigeria and Kenya where it is comparable with the AIS or the APDP. The fourth chapter will deal with the investment specific incentives and benefits provided in the three countries , in particular in relation to cash grants and t heir availability (or not) for investors in Nigeria and Kenya. In relation to Nigeria and Kenya the legislation and policies having similar objectives or structure will be discussed. For South Africa the achievements of the AIS will also be analysed briefly to understand how it has performed against its objectives up until 2015. Chapter five will discuss the institutions and government agencies which are authorized and responsible for handling funding applications, for negotiating funding/investment agreements , and approving and monitoring investment projects related to the automotive industry. The final chapter shall conclude on the findings, and highlight the potential weaknesses of the AIS by providing proposals for improvement based on the lessons learnt from Kenya and/or Nigeria, where or if possible.
33
Marong, Alhagi. "Economic integration and foreign direct investment in West Africa." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20540.
Full textAbstract:
Economic integration and foreign direct investment were adopted by developing countries particularly in Africa, as strategies for economic development. For these countries, economic integration became not only a tariff issue, but a strategy for development; hence the term "developmental regionalism". This thesis is a study of the concept of developmental regionalism in West Africa. It concentrates on the Economic Community of West African States (ECOWAS), which was formed in 1975.It is argued that as a strategy for development, the ECOWAS integration effort was inadequate because of undue reliance on tariff reductions--- so called "negative integration" measures. It is suggested that to facilitate a more cohesive integration program, countries in the region ought to adopt positive integration measures in the form of common policies on money and payments, industrialization and most significantly, a common policy on investments.
With respect to investment regulation, it is my argument that because liberalization of investment laws at the national level failed to attract the desired flow of foreign investment to the region, ECOWAS Member States ought to harmonize their regulatory framework with a view to ultimately adopting a single legal regime for international investment.
As a framework for analysis, I adopt the criteria of economic efficiency. This is a cost/benefit analysis of the transformations that occur as the result of contractual transactions. Where the costs to the parties exceed or are likely to exceed the benefits of the transaction, it is said to be inefficient. Using these criteria, I argue that in order to inject a level of fairness in investor/host state relations, and to avoid the costs of FDI to host societies exceeding the gains therefrom, international law ought to make binding prescriptions to govern corporate conduct. Based on this reasoning, I suggest a framework for improving the investment climate in West Africa.
34
Majumdar, Gaurav. "Social Media User Data: A ‘protected’ investment under international investment law? : An analysis of the definition of an investment in light of the functioning of a social media company." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443410.
Full text
35
Austen-Peters, A. O. "Legal aspects of the custody of assets under investment management." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310303.
Full text
36
Xie, Xiaodong. "Legal regulation of foreign direct investment in China's transitional economy." Thesis, University of London, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.389428.
Full textAbstract:
This thesis attempts a wide-ranging examination of the legal regulation of foreign direct investment in China's transitional economy by means of an exploration of the role of law as an instrument for accommodating foreign investors' business autonomy, while trying to maintain appropriate controls and to balance Chinese and foreign interests in this process. It endeavours to investigate how China translates its foreign investment policy into law. The study further discusses the interactions of underlying economic, political, social and cultural factors in the implementation process and their impact on the effectiveness of law, and reveals the causes hindering the implementation of law. It is noted that while legalization through the deployment of formal laws and regulations is a general feature of China's implementation of its reform and open policies since 1979, the regulation of foreign direct investment receives the closest attention, aiming at defining and protecting the rights and interests of foreign investors and redressing their worries about lawlessness and instability of policy. This study examines issues fundamental to the management and operation of foreign investment enterprises: control structures for management and operation, domestic resource allocation and foreign trade administration, labour and personnel concerns, foreign exchange controls, land use regulation and tax administration. On this basis, it argues that though China has provided numerous legal and technical provisions, they are often not effectively implemented as intended or are readily replaced by other regulatory instruments such as administrative procedures, policy statements and local rules, which do not have formal legal binding force and thus have to be implemented on the basis of "good faith". Destructive factors include legislative deficiencies and the complications and inconsistencies in multi-level implementation, arising from the relations between administrative institutions, their manner of exercising powers, the modes of policy implementation, ignorance of legal revisions, traditional government-enterprise relationships, distorted competition among localities, the rising regionalism under decentralization, the unsettled nature of economic reform, the lack of efficient markets, ineffective functioning of institutional legal structures and certain cultural barriers. This thesis also argues that following its gradual liberalization of policy, from strict control and overcautious regulation to allowing the following of "international practices" and provision of national treatment, China's foreign investment laws have reacted to these changes by moving from being a separate regime towards convergence with that governing domestic enterprises, thus promoting the integration of foreign investment into the Chinese economy. It argues, moreover, that while Western legal values and institutions are having some positive effects in creating formal rules, a full understanding of these concepts and the socioeconomic contexts in which they originate and operate is needed if difficulties in implementation are not to increase further. It is concluded that China's legislation only partially reflects its policy. Moreover, it falls short of the government's expectation of using law as an instrument to overcome the unstable nature of policy and to guarantee business autonomy for foreign investment enterprises. Attempts are further made to outline the efforts necessary for improving the effectiveness of law and to suggest likely legal changes affecting foreign investment enterprises, given the adoption of "socialist market economy" as China's ultimate goal in economic reform.
37
Manor-Percival, Yonit. "Bilateral investment treaties in a harmonious world : China's paradigm." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8573.
Full textAbstract:
China’s ascent up the echelon of the contemporary interstate system is often debated by reference to its implications for the US designed neoliberal world order. A ‘cauldron of anxiety’ appears to be brewing around what is said to be a potentially contesting force that is at best shallowly integrated and at worse set on institutional reconstitution. US anxiety over the integrity of the order she landscaped and from which she benefits may be understood insofar as insufficient submission signifies the risk of a rising untamed competitor. Yet, against the background of China’s participation in the international financial institutions, membership of the World Trade Organisation and the conclusion of a prolific bilateral investment treaties (BITs) program, in what way can she be said to have remained resistant and untamed? This work seeks to contribute to the debate by looking at it from the perspective of discourse. It examines two interrelated discursive structures:those of paradigm and law. In relation to the former it looks at the US engendered neoliberal worldview more specifically formulated as a Washington Consensus on the one hand and China’s vision of a harmonious world of lasting peace and prosperity on the other. In relation to the latter, juridical institutions furnish legitimising mechanisms and the rules by which paradigms are to be practiced. Since treaties form part of the US designed world order, this work applies BITs as a prism through which the interiors of paradigms may be unpacked. BITs are creatures of the capitalist paradigm in its neoliberal configuration in that they articulate and provide rules for the material realisation of a homogenised world in which the spatial movement of capital is free of impediments and sovereign rights are subjugated to property rights. By contrast they are not creatures of the harmonious world paradigm with its resurrection of indigenous heritage. In the context of China they represent processes of importation and adaptation originally triggered by forcible rupture. Against this construct of two different paradigms that nevertheless share a juridical structure this work concludes that China does aspire to a reformed world order. However, only time will tell whether reformative ambitions can survive own integration and the expansive compulsions of neoliberalism.
38
Bamodu, Olugbenga O. "Transnational law of international commercial transactions with particular reference to Commonwealth Africa." Thesis, University of Nottingham, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.363921.
Full text
39
Ezejiofor, Obianuju Chioma. "Domestic courts and international investment arbitral tribunals : nurturing a profitable and symbiotic relationship." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8964.
Full textAbstract:
This thesis proposes that conscious and increased co-operation and coordination of the relationship between investment tribunals and domestic courts can greatly improve the efficacy of the international investment arbitration system, and further the rule of law. The extent of the power both forums wield, the level of influence both systems have on each other and the critical roles both systems play in the resolution of investment disputes warrant a systematic approach to cooperation and coordination. This study finds justification for this proposition by analyzing the policy implications of investment arbitration outcomes. It goes on to explore the relationship between domestic courts and investment tribunals by examining the roles they play and the areas of jurisdictional friction between the two systems. The core issues addressed include the jurisdiction and competence of international investment tribunals and domestic courts in the resolution of investment disputes; the support roles of domestic courts; anti-suit/anti-arbitration injunctions; pre-conditions to arbitration; the effects and implications of the review of investment tribunals’ decisions by domestic courts, and the review of the lawfulness of the conduct of domestic judicial systems by investment arbitration tribunals. In addressing these issues, the work examines the extent to which domestic courts and international arbitration tribunals should accord deference to each other with respect to their involvement in the resolution of investment disputes. Based on the analysis of the areas of intersection between the domestic and international investment dispute settlement systems, instances of ‘positive interactions’ are highlighted and encouraged. The study also proposes ways in which further cooperation and coordination can take place. In making these proposals, and acknowledging the differences that exist, this thesis considers the collaboration between other international adjudicatory bodies and domestic courts so as to distill lessons for the international investment arbitration system.
40
Kondo, Tinashe. "Invesment law in a globalised enviroment: A proposal for a new foreign direct invesment regime in Zimbabwe." University of the Western Cape, 2017. http://hdl.handle.net/11394/6459.
Full textAbstract:
Magister Legum - LLM (Mercantile and Labour Law)Most developed countries that enjoy the lion's share of foreign investment do not have domestic legal frameworks on foreign direct investment. This is because investors are attracted by a holistic picture of these countries. Such countries have strong institutions of governance, enjoy political and economic stability, embrace democracy, have respect for rights, and have high levels of development - factors which attract investors. In terms of regulation, many of these countries are heavily reliant on bilateral investment treaties. However, this is not the case in developing countries such as Zimbabwe. The existence of an effective and efficient legal framework on the governance of foreign direct investment is an important consideration for investors. This emanates from the fact that developing countries often have weak legal systems, shaky economies and uncertain political environments.
41
Aljasim, Hesham. "Cryptocurrencies as Protected Invesments Under BITs : Is there a BIT of coin Protection?" Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443426.
Full textAbstract:
This research paper addresses the issue whether cryptocurrencies are protected investments under bilateral investment treaties (BITs). Through BITs a host state has a responsibility to protect the investments of the nationals of the other contracting state to the treaty. This governing relationship however may introduce several requirements for an investment to comply with, such as territorial links, the use of language under BITs compliance requirements. With this, cryptocurrencies being a new of age asset class may find several future hurdles in qualifying as an investment under BITs. Especially with the on-going confusion on an international scale in regulating and defining cryptocurrencies. In determining the afore-mentioned requirements, this research paper first identified a cryptocurrency and a comparison was first made in regards to money. Then, the research paper proceeded in comparing a cryptocurrency with the characteristics of digital assets. Followed by a general approach to the meaning of investment and an analysis to the definition of investment through past approaches taken by arbitral tribunals. Therefore, finally leading in deciding whether cryptocurrencies will qualify as an investment under BITs.
42
Ajibo, Chikodili. "Analysis of foreign investment protection regimes in the petroleum sector in Nigeria, 1995-2013 : options for reform." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/analysis-of-foreign-investment-protection-regimes-in-the-petroleum-sector-in-nigeria--1995--2013-options-for-reform(b007b7c8-28ed-4dd3-96b4-5b5846eecf6c).html.
Full textAbstract:
This thesis examines the current regulatory frameworks for foreign investment protection and reforms thereto in the petroleum sector in Nigeria. The analysis is conducted from international law perspective. Thus, the current regimes of IIAs reflected in both the substantive and procedural terms are bedevilled by unbalanced framework in the allocation of rights and duties to the contracting parties. Strictly speaking, the parties do not set out from the outset to draft an unbalanced terms of IIAs. However, the preponderant inflow of investment from the developed to developing countries almost always make the latter bear the brunt of any unbalanced prescription of the terms of the IIAs. Thus, the definitions of such substantive terms as investment, fair and equitable treatment, umbrella clause, and regulatory expropriation constitute a significant cause of concerns for economic imperatives of the capital importing countries. Similarly, the incessant lack of consideration for the regulatory and economic interest of the host state in the arbitral awards is creating concern among the capital importing countries. Consequently, a re-appraisal of existing regimes becomes necessary both in the substantive definition and the arbitral construction of these substantive terms to ensure a balance of interests in international economic relation. These substantive and procedural terms do not operate in vacuum but apply to host state like Nigeria together with other local investment regulatory rules. Although various studies establish different challenges to foreign investment in Nigeria such as, inter alia, lack of harmonised investment regimes and complicated registration procedures, one issue that is evidently less considered is the institutional influence in the implementation of investment regulation. Thus, institutional factors are the heart of Nigeria investment challenges. These institutional factors mirrors itself in poor human and social capital ratio needed for enhanced service delivery. Thus, for any meaning headway to be made in strengthening the inflow of foreign capital to Nigeria economy, tackling of other challenges is incomplete until human capital development is aligned with social capital development.
43
Philander, Graig Henry. "How can Africa attract foreign direct investment, with specific reference to an investment strategy within Africa." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
Full textAbstract:
This research focused primarily on certain bilateral agreements as well as relevant multilateral agreements that govern the world's investment system. Attention is given to governance in the world of foreign direct investment and the aims and objectives of the integration initiative, as well as to the centrality of investment law in the scheme. The role of investment and the effect this have on the development of Africa is also a focal point of this paper. The central objective of the integration initiative is also looked at against the backdrop of investment-rating agencies and investment flows around the world.
44
Sabanogullari, Levent [Verfasser]. "General Exception Clauses in International Investment Law : The Recalibration of Investment Agreements via WTO-Based Flexibilities / Levent Sabanogullari." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://d-nb.info/1164503316/34.
Full text
45
Varis, Ozge. "Constitutionalisation and institutionalisation applied to the international investment regime : toward a uniform, consistent and coherent international investment law." Thesis, University of Dundee, 2018. https://discovery.dundee.ac.uk/en/studentTheses/9fdac2be-f33c-48c1-b299-39ba8464fb51.
Full textAbstract:
International investment law has been developing for centuries. During the development process of international investment law, legal norms and principles of international investment law are evolved and shaped as sui generis nature, and separate legal regime as a branch of international law. The contemporary international investment law, according to United Nations Conference on Trade and Development data, currently, 2283 BITs and 280 other investment agreements are in force in international investment system, and high numbers of disputes are pending in different international dispute settlement bodies. These international investment agreements are interpreted and applied by arbitrators at different investor-state dispute settlement institutions or in ad-hoc arbitrations. Different interpretations and paradoxical arbitration awards cause critics regarding consistency, coherence and uniformity issues of the international investment law regime. Given the characteristics of international investment law regime, this thesis aims to study the institutionalisation and constitutionalisation processes of the international investment law regime. Moreover, the thesis attempts to ascertain consistent means by examining the nature of the international investment law regime and its institutionalisation and constitutionalisation processes to solve the issues associated with uniformity consistency and coherence. This thesis can also provide guidance and some recommendations that would have a chance of being carried out regarding new trends and developments of the international investment regime. Therefore, the major concern of this research is to understand the suitability of institutionalisation and constitutionalisation to sustain more consistent, coherent and uniform international investment law regime. In the first part of the research project, the nature of international investment law and its interaction with other international law systems, definitions and the necessity of uniformity, coherence and consistency are scrutinized. The second part starts with the solutions in the literature and their overview, and then institutionalisation and constitutionalisation are discussed. In the last part of this research, the energy sector and the Energy Charter Treaty are examine as case study, trying to understand the current creation of a uniform, coherent and consistent international investment regime in the energy sector. This thesis illustrates the nature of the international investment law regime and concepts of institutionalisation and constitutionalisation in legal perspective, as well as analysing coherence, consistency and uniformity issues of the international investment law regime. This project shows institutionalisation and constitutionalisation are developing processes in international investment law regime and they are consistent with the current global trends and developments of the international investment law regime as a branch of international law. The thesis suggests, despite the presence of the uniformity, consistency and coherence issues in international investment law regime, the international investment regime is the compulsory element of world globalisation, and those issues may be solved via applying new approaches that are consistent with the international investment regime’s sui generis nature and its evolving process. This thesis shows institutionalisation and constitutionalisation are congruent with the sui generis nature of international investment regime and contemporary trends and developments.
46
Hussein, Amr Abbas Mohamed Adel Abbas Aly. "Bilateral investment treaties treatment of international capital movement : time for reform?" Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/2514.
Full textAbstract:
While the freedom to move capital is necessary for foreign investors, the power of the state to regulate capital transfers is necessary to prevent volatile capital from causing financial crises as well as to mitigate such crises when they occur. Thus, in regulating international capital movement, a balance should be made between the right to transfer funds and the state’s right to protect the stability of its economy. It is in relation to achieving this balance that this thesis argues that bilateral investment treaties’ (BITs) regulation of capital transfers is deficient, both substantively and procedurally. On substance, this thesis identifies three substantive defects that affect obligations under BITs: absoluteness, immediacy, and breadth. First, many BITs adopt an absolute approach in liberalizing capital that does not permit any restrictions or exceptions, nor does it distinguish between different kinds of capital, or between the right to import capital and the right to repatriate capital. Second, the obligation to permit transfers is immediate and does not allow for a gradual liberalization of capital. Third, many BITs’ terms and obligations are broad and therefore vague, such as the broad definition of investment, or the obligation to grant fair and equitable treatment, which is also broad and interpreted in a manner that restricts the regulatory powers of the host state. Such results could have been partly mitigated if there were a dispute settlement mechanism with the power to create precedent and with it a clearer and more coherent body of rules. But BITs’ investor-state arbitration is also deficient since it consists of ad hoc tribunals, which are not bound by precedent; and their decisions are not generally subject to substantive review. This leads to an inconsistent and incoherent body of law that protects neither the state’s regulatory powers nor the legitimate expectation of investors
47
Liebenberg, Hendrik A. D. "Foreign direct investment in airlines : does telecommunications provide a solution?" Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ44065.pdf.
Full text
48
Baetens, Freya. "Nationality-based discrimination in public international law with specific focus on human rights, trade and investment law." Thesis, University of Cambridge, 2010. https://www.repository.cam.ac.uk/handle/1810/283864.
Full text
49
Fernandez, Monica. "Integration of foreign investment policies and regulations in the Western Hemisphere." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ44055.pdf.
Full text
50
Karlsson-Niska, Therese. "The Use of Cryptocurrencies within International Investment Law : Is the Use Protected?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-81313.
Full text