Shale Renders the ‘Obsolescing Bargain’ Obsolete: Political risk and foreign investment in Argentina's Vaca Muerta

2021 ◽  
Vol 74 ◽  
pp. 102269
Author(s):  
Gabe Collins ◽  
Mark P. Jones ◽  
Jim Krane ◽  
Ken Medlock ◽  
Francisco Monaldi
Keyword(s):  
Foreign Investment ◽  
Political Risk ◽  
Vaca Muerta

International Investment, Political Risk, and Dispute Resolution

2020 ◽  
Author(s):  
Rubins Noah ◽  
Nektarios Papanastasiou Thomas ◽  
Kinsella N Stephan
Keyword(s):  
Foreign Investment ◽  
Political Risk ◽  
Legal Framework ◽  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Political Risks ◽  
Theoretical Approaches ◽  
Previous Edition ◽  
Risk Insurance

This second edition explores the multi-layered legal framework for the protection of foreign investment against political risk. The chapters analyze some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, State responsibility, treaties protecting foreign investmentand international arbitration between States and investors. Since the previous edition, far more attention has been paid to some of these issues, in particular investor–State arbitration.All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. The book is written to appeal to lawyers and non-lawyers alike. It is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. It is also suitable for students who intend to specialize in international investment law.

Option pricing and foreign investment under political risk

2001 ◽  
Vol 55 (2) ◽  
pp. 359-377 ◽  
Author(s):  
Joseph A. Cherian ◽  
Enrico Perotti
Keyword(s):  
Option Pricing ◽  
Foreign Investment ◽  
Political Risk

scholarly journals Assessment of the Political Risk in a Country: a Practitioner’s View

2019 ◽  
Vol 20 (3) ◽  
pp. 407-427
Author(s):  
Carlos Gustavo Arrieta Padilla
Keyword(s):  
Risk Assessment ◽  
South America ◽  
Foreign Investment ◽  
Political Risk ◽  
General Motors ◽  
The Political ◽  
Negative Effects ◽  
Union Carbide ◽  
Legal Entities ◽  
Multilateral Treaties

Political risk is inherent to foreign investment. It stems from either the government's or the political regime's instability, or restrictive and compelling governmental policies. To cope with this risk, two complementary instruments are used: risk assessment and deterrent measures. Taking into consideration South America, the author explains how the political risk assessment is realized through risks indexes, public or corporate: each carries its own criteria as shown here by the analysis of General Motors and Union Carbide methods of assessment. The author then discusses the means available to the investor to forecast and minimize the negative effects of the actualization of a political risk. He identifies two main categories of deterrent measures: business oriented strategies carried out by the investor or legal techniques of protection. Among the latter, the author analyses the stabilization and internationalization clauses; the security offered by certain bilateral or multilateral treaties to foreign investment; the guarantees agreed upon by organizations such as the Multilateral Investment Guarantee Agency; the transfer of domicile of legal entities.

scholarly journals Political risk insurance in the litigation test: benchmarks and practical determinants

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Bruno Fernandes Dias
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
Political Risk ◽  
Case Law ◽  
Foreign Investors ◽  
Party Autonomy ◽  
The Core ◽  
Case Selection ◽  
Risk Insurance ◽  
Scope Of Protection

Companies expand their operations abroad despite the risk of government-related losses. Mitigating that risk is at the core of Political Risk Insurance (“PRI”). This paper delves into disputes among policyholders and private, public and multilateral insurers. In this litigation test, it seeks to identify benchmarks on practical determinants. Section II looks at the main aspects of PRI within the dynamic context of its insurable risks. Section III presents the principles of the international law on foreign investment that parallel PRI in the task of mitigating political risk for foreign investors. Section IV brings methodological notes on the case selection and Section V accounts for several benchmarks derived from case law. Section VI proceeds to a conceptual inquiry of three themes that enhance PRI as a legal tool: adequate boundaries between national and international law; party autonomy to determine the scope of protection; and enforcement of subrogation rights.

scholarly journals Risk Analysis in Project Evaluation

2018 ◽  
pp. 240-296
Keyword(s):  
Risk Analysis ◽  
Foreign Investment ◽  
Political Risk ◽  
Investment Project ◽  
Parent Company ◽  
Foreign Direct Investments ◽  
Currency Exchange ◽  
Currency Exchange Rate ◽  
High Level

This final chapter is devoted to the analysis of the risks associated with foreign direct investments, namely business (commercial) risk, political risk, and currency exchange rate risk. Each risk factor is considered as a separate evaluation criterion. That is, an investment project may be rejected due to having a high level of any one of these three risk factors. For instance, a profitable investment proposal may not have a significant business risk but might have a high level of political risk requiring its rejection. Risk analysis is conducted only if a foreign investment project is profitable from the viewpoint of the parent company. Otherwise, there is no need for a risk analysis since a direct investment project that does not create profit for the parent company would be rejected anyway.

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