A Practical Approach to the New German Foreign Investment Regime – Lessons to be Learned from Merger Control

2010 ◽  
Vol 11 (2) ◽  
pp. 260-274 ◽  
Author(s):  
Florian Stork
Keyword(s):  
Public Policy ◽  
Foreign Investment ◽  
Review Process ◽  
Practical Approach ◽  
Critical Infrastructures ◽  
Basic Principles ◽  
Foreign Investors ◽  
Safe Harbour ◽  
Scope Of Application ◽  
To Receive

The author presents in this paper the new German foreign investment regime entered into force in the spring of 2009. He sets out the basic principles of the regime as well as its enforcement in practice. According to the new German foreign investment regime, the German Federal Ministry of Economics and Technology (BMWi) may examine and prohibit purchases of German companies by foreign investors if they pose a severe threat to public policy or security. Certain transactions, however, fall within the “safe harbour” or are otherwise exempted so that the BMWi has no right of interference. The author presents several exemptions from the scope of application of the regime, which can be either identified from the wording of the law by reverse argument or derived from the spirit and purpose of the new foreign investment regime. Furthermore, by presenting the concept of so called “critical infrastructures”, the paper gives valuable guidance to practitioners on what the German administration might consider relevant for public policy or security. The last part of the paper summarizes the filing and the review process. The parties may, in order to receive clearance for their transaction, notify their transactions to the BMWi and receive a certificate of non-objection. While, this notification is wholly voluntary, parties who do not apply for clearance bear the risk that their transactions are blocked or unwound if the BMWi decides to investigate the transaction within three months from signing ex officio.

Foreign investors' choices in China: going it alone or in partnership?

2002 ◽  
Vol 21 (2) ◽  
pp. 137-150
Author(s):  
Daniel Yan ◽  
Malcolm Warner
Keyword(s):  
Multinational Corporations ◽  
Foreign Investment ◽  
Government Policy ◽  
Management Practices ◽  
Dynamic Approach ◽  
Foreign Investors ◽  
Business Plans ◽  
Indigenous Management ◽  
Human Resource Management Practices ◽  
Mode Of Operation

This article argues that sino-foreign joint ventures (SFJVs) and wholly foreign-owned enterprises (WFOEs) have been influenced by a number of ongoing changes, for example, government policy toward foreign investment, indigenous management practices, human resource management practices and the nature of investment. In its overview of the longitudinal changes in these four areas, it suggests that foreign investors do not necessarily make an either WFOE or SFJV decision when considering their desirable mode of operation in China. Meanwhile, it argues that multinational corporations should take a dynamic approach to constantly re-position themselves as SFJVs in their business plans with respect to the mentioned areas, so as to achieve the best result as China enters the WTO. Finally, this analysis sets out a preliminary ‘Dynamic Positioning Model’ of these two modes of operation in China, which serves as a foundation on which further hypotheses can be built.

scholarly journals PRACTICAL APPROACH TO GREEN CHEMISTRY

2017 ◽  
Vol 9 (4) ◽  
pp. 10 ◽  
Author(s):  
Meena Bhandari ◽  
Seema Raj
Keyword(s):  
Green Chemistry ◽  
Energy Efficient ◽  
Chemical Compounds ◽  
Practical Approach ◽  
Pharmaceutical Chemistry ◽  
Atom Economy ◽  
Basic Principles ◽  
Drug Molecules ◽  
Laboratory Manuals

Objective: The basic principles of green chemistry addresses various issues related to synthesis of chemical compounds: planning organic synthesis to maximise yield, prevention/minimization of waste, atom economy, the use of less lethal chemicals, use of safer solvents, renewable starting materials, energy efficiency and use of green catalysts. The objective of this study is to elaborate the practical approach of green methods.Methods: In this paper, we elucidate some important common syntheses having green procedures which can be used in the fields of pharmaceutical chemistry and other fields as well.Results: Green chemistry principles follow up to reduce pollution and environmental degradation by utilizing eco-friendly, non-hazardous, reproducible and efficient solvents and catalysts in the synthesis of drug molecules, drug intermediates and in researches involving synthetic chemistry. The paper also approaches green methods in which microwave radiation can be used as an energy efficient tool.Conclusion: Experimental procedures are gathered from educational journals and laboratory manuals and are viewed in the light of efficacy of green chemistry principles.

scholarly journals Foreign Investment and Export Management and Analysis - Kosovo Case

2020 ◽  
Vol 9 (1) ◽  
pp. 11-21
Author(s):  
Halil Bajrami ◽  
Bashkim Bellaqa
Keyword(s):  
Economic Development ◽  
Foreign Investment ◽  
Direct Investment ◽  
Review Of The Literature ◽  
Investment Environment ◽  
Foreign Investors ◽  
Country Level ◽  
Management Capacity ◽  
The Republic ◽  
Made In

Foreign Direct Investment (FDI) has a special and specific importance for the Republic of Kosovo taking into account the conditions and economic development, which in turn impact the economic development and social improvement of the country. For the state to have a greater absorption of FDI, significant improvement should be made in improving the management capacity in order to create a motivating environment for foreign investment, which is related to the improvement of macro-factors and microfactors at the country level in order to make the environment as attractive as possible for FDI. The purpose of this paper is to present the trend of FDI, the trend of export with a keen eye on Kosovo and to present the correlation of FDI with export. Firstly, at the beginning of this paper, a theoretical review of the literature on definitions of FDI in economic terms and definitions of export is presented. Secondly, the trend and comparison of FDI and exports over the years is presented. Thirdly, FDI trends in Kosovo were analyzed by the country of origin of these investments, etc. Fourthly, in the context of this paper, an analysis in terms of investment management at the country level in order to create an attractive investment environment was made. Fifthly, as part of this paper, empirical analyzes showing the correlations between FDI and Export in the Kosovo case have been made. FDI trends in Kosovo have been decreasing over the years, which must be improved by creating a motivating environment for both domestic and foreign investors. 

THE IMPORTANCE OF LEGAL AND INSTITUTIONAL FUNDAMENTALS IN ATTRACTING FOREIGN INVESTMENT

2021 ◽  
Vol 4 (5) ◽  
pp. 32-37
Author(s):  
Hulkar Azimova ◽  
Keyword(s):  
Foreign Investment ◽  
Direct Investment ◽  
Investment Policy ◽  
Comprehensive System ◽  
Foreign Investor ◽  
Project Investment ◽  
Legal Regime ◽  
Foreign Investors ◽  
Legitimate Interests ◽  
Investment Agreement

This article describes the essence of foreign investment, the introduction of a comprehensive system of legal guarantees and benefits for foreign investors. The issues of strengthening the protection of the legitimate interests of investors in attracting foreign investment are also discussed.Keywords:investment project, investment commitment, investment policy, foreign direct investment, foreign investor rights, investment agreement, legal regime, investment visa

Legal Frameworks for the Protection of Foreign Investment in Times of Armed Conflict

2019 ◽  
pp. 17-56
Author(s):  
Jure Zrilič
Keyword(s):  
Foreign Investment ◽  
Armed Conflict ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Foreign Investors ◽  
Customary International Law ◽  
Investment Treaty ◽  
Late Nineteenth ◽  
Legal Frameworks

This chapter presents three legal frameworks which provide foreign investors protections against effects of armed conflict: the law of state responsibility for injuries to foreigners under customary international law, international humanitarian law, and international human rights law. Particularly influential were the customary rules on the treatment of aliens, shaped by the disagreements between developed and developing countries, and clarified through the case law of mixed claims commissions and arbitrations of the late nineteenth and early twentieth century. The chapter explains how the rules on protection of property in times of armed conflict have evolved, how they have been interpreted across different legal regimes, and discusses similarities and differences, thus setting the scene for the examination of investment treaty law in the subsequent chapters.

Field experiments and public policy: festina lente

2020 ◽  
Vol 5 (1) ◽  
pp. 117-124 ◽  
Author(s):  
GLENN W. HARRISON
Keyword(s):  
Public Policy ◽  
Field Experiments ◽  
State Of The Art ◽  
Welfare Effects ◽  
Current State ◽  
To Receive

AbstractThe current state of the art in field experiments does not give me any confidence that we should be assuming that we have anything worth scaling, assuming we really care about the expected welfare of those about to receive the instant intervention. At the very least, we should be honest and explicit about the need for strong priors about the welfare effects of changes in averages of observables to warrant scaling. What we need is a healthy dose of theory and the implied econometrics.

Transnational Public Policy as a Vehicle to Impose Human Rights Obligations in International Investment Arbitration

2020 ◽  
Vol 21 (6) ◽  
pp. 809-846
Author(s):  
Jean-Michel Marcoux
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
International Investment ◽  
International Consensus ◽  
Foreign Investors ◽  
Material Sources ◽  
Investment Arbitration ◽  
Human Rights Norms ◽  
The Right

Abstract International investment arbitration has been criticized for its general reluctance to consider human rights concerns related to foreign investors’ activities. By contrast, arbitration tribunals have relied on transnational public policy to prevent a claimant whose investment is tainted with illegality from obtaining redress. This article explores how human rights norms could be conceptualized as part of transnational public policy to impose obligations on foreign investors. It proceeds in three steps. First, it addresses the role of transnational public policy in investment arbitration. Second, the article identifies the material sources considered by tribunals to delimit the content of the doctrine. Third, it focuses on three norms – the protection of fundamental human rights, a corporate responsibility to respect human rights and the right of Indigenous Peoples to be consulted – for which tribunals have found an international consensus and that could be conceptualized as norms of transnational public policy.

scholarly journals Presidential Particularism and US Trade Politics

2017 ◽  
Vol 6 (2) ◽  
pp. 265-281 ◽  
Author(s):  
Kenneth S. Lowande ◽  
Jeffery A. Jenkins ◽  
Andrew J. Clarke
Keyword(s):  
Public Policy ◽  
Foreign Affairs ◽  
Distributive Politics ◽  
Early 20Th Century ◽  
Trade Policies ◽  
Electoral Incentives ◽  
Trade Politics ◽  
Domestic Spending ◽  
Grant Allocation ◽  
To Receive

Research on presidential distributive politics focuses almost exclusively on federal domestic spending. Yet, presidential influence on public policy extends well-beyond grant allocation. Since the early 20th Century, for example, the president has had substantial discretion to adjust tariff schedules and non-tariff barriers “with the stroke of a pen.” These trade adjustments via presidential directive allow us to test the logic of presidential particularism in an area of policy understudied among presidency scholars. We examine unilateral adjustments to US trade policies between 1917 and 2006, with a detailed analysis of those made between 1986 and 2006, and find that presidents—in accordance with electoral incentives—strategically allocate trade protections to industries in politically valuable states. In general, states in which the president lacks a comfortable electoral majority are systematically more likely to receive protectionist unilateral orders. Overall, our results show that the president’s distributive imperative extends into the realm of foreign affairs, an arena in which the president has substantial authority to influence public policy.

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