International Law, Territorial Disputes, and Foreign Direct Investment

2018 ◽  
Vol 63 (1) ◽  
pp. 58-71 ◽  
Author(s):  
David B Carter ◽  
Rachel L Wellhausen ◽  
Paul K Huth
Keyword(s):  
Foreign Direct Investment ◽  
International Law ◽  
Direct Investment ◽  
Territorial Disputes

PROTECTING ITALIAN INVESTMENTS IN LIBYA’S CHANGING ENVIRONMENT

2014 ◽  
Vol 23 (1) ◽  
pp. 147-172 ◽  
Author(s):  
Ferdinando Franceschelli
Keyword(s):  
Foreign Direct Investment ◽  
International Law ◽  
Armed Conflict ◽  
Direct Investment ◽  
International Investment ◽  
Trading Partner ◽  
Investment Protection ◽  
Investment Arbitration ◽  
The Relationship ◽  
Extensive Damage

Italy is both the main trading partner and the State that has the most sizeable foreign direct investment interests in Libya. However, the outbreak of armed conflict in Libya in 2011 resulted in extensive damage to Italian investors. In order to obtain proper redress Italian investors may seek to rely upon investment protection provisions contained in treaties previously concluded between these two States, notably the BIT of 2000 and the Treaty of Benghazi of 2008. Crucially, however, the outbreak of the armed conflict and the subsequent regime change that took place following the Gaddafi’s removal from power raise doubts about the effectiveness of such treaties. This article firstly reviews both the relevant rules of international law and the investment treaties in force between Italy and Libya. Then, it examines the relationship between Italy and Libya during and after the events of 2011 and comes to the conclusion that such treaties are still effective and as such Italian investors may invoke the provisions contained therein, including those envisaging resort to international investment arbitration.

Foreign Direct Investment and Territorial Disputes

2012 ◽  
Vol 56 (4) ◽  
pp. 675-703 ◽  
Author(s):  
Hoon Lee ◽  
Sara McLaughlin Mitchell
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Territorial Disputes

What states want: Estimating ideal points from international investment treaty content

2020 ◽  
Vol 57 (6) ◽  
pp. 679-691 ◽  
Author(s):  
Florencia Montal ◽  
Carly Potz-Nielsen ◽  
Jane Lawrence Sumner
Keyword(s):  
Foreign Direct Investment ◽  
International Law ◽  
Item Response ◽  
Direct Investment ◽  
Investor Protection ◽  
International Investment ◽  
Irt Model ◽  
Investment Treaty ◽  
Ideal Points ◽  
Investment Treaties

When negotiating investment treaties, states balance two goals: providing strong protections for investors (investor protection), which is thought to attract foreign direct investment, and maintaining the ability to regulate their economies (regulatory autonomy). In this article we argue that treaty content can tell us about the latent preferences that states have over the level of investor protection enshrined in BITs. We use an item response theory (IRT) model and a dataset of 1,144 treaties to estimate latent preferences on this scale for signatory countries. Our measure is of use to scholars interested in studying bilateral investment treaties, international law, and foreign direct investment, and our model is of use to anyone aiming to estimate latent preferences from jointly produced manifestations.

Foreign Direct Investment and Institutional Diversity in Trade Agreements: Credibility, Commitment, and Economic Flows in the Developing World, 1971–2007

2013 ◽  
Vol 66 (1) ◽  
pp. 88-122 ◽  
Author(s):  
Tim Büthe ◽  
Helen V. Milner
Keyword(s):  
Developing Countries ◽  
Foreign Direct Investment ◽  
International Law ◽  
Direct Investment ◽  
Dispute Settlement ◽  
Trade Agreements ◽  
Institutional Diversity ◽  
Credible Commitments ◽  
International Trade Agreements ◽  
Institutional Differences

International trade agreements lead to more foreign direct investment (FDI) in developing countries. This article examines the causal mechanisms underpinning this trade-investment linkage by asking whether institutional features of preferential trade agreements (PTAs), which allow governments to make more credible commitments to protect foreign investments, indeed result in greater FDI. The authors explore three institutional differences. First, they examine whether PTAs that have entered into force lead to greater FDI than PTAs that have merely been negotiated and signed, since only the former constitute a binding commitment under international law. Second, they ask whether trade agreements that have investment clauses lead to greater FDI. Third, they consider whether PTAs with dispute-settlement mechanisms lead to greater FDI. Analyses of FDI flows into 122 developing countries from 1971 to 2007 show that trade agreements that include stronger mechanisms for credible commitment induce more FDI. Institutional diversity in international agreements matters.

scholarly journals The Foreign Direct Investment Policy Which Reflects the Proportional Protection

Yuridika ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 387
Author(s):  
Muchammad Zaidun ◽  
Yuniarti Yuniarti
Keyword(s):  
Foreign Direct Investment ◽  
International Law ◽  
Direct Investment ◽  
Contract Law ◽  
Host Countries ◽  
Conceptual Approach ◽  
Investment Activity ◽  
Customary International Law ◽  
Investment Law ◽  
Principle Of Proportionality

Investment law is an urgently required regulation to regulate an investment activity. Hence the formulation within those laws has not yet provided a balance protection for all parties; those are the home countries, host countries and investors. The investment law itself regulate by 3 different kinds of laws, that is the customary international law, national law and contract law. Regulating investment activities in host states will have to consider the customary international law, as the international framework. This law is applicable due to the different jusrisdiction involved within the business activities. Indonesia investment law regulation firstly introduced by law number 1/1967 concerning foreign direct investment. Subsequently, it was amended by law number 25/2007 concerning Investment Law. However, some research has to be carried out regarding the protection of the parties. This research analysed the principle of proportionality interest protection to provide a fair protection of parties. Eventually, the protection of the state as host country and investors as the alien in host country.This research is a normative legal research, which use statute approach, historical approach and conceptual approach to determine the principle that could be used to maximize the protection of actors within the investment activities in Indonesia.

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