Foreign Investment Regulation in Canada

Author(s):  
L. Nemova

The article analyzes recent changes in the principles, mechanisms and practices of the FDI regulation in Canada. Since 2010, this country has been rated by the international experts as one of the best places to invest. Most of the recent FDI is flocking into the country’s resource sector – in particular into mining and oil and gas. At the same time, there’s been a radical shift in the origins of the FDI. The state-owned corporations and sovereign funds from the Asian emerging markets, mostly from China, are demonstrating their willingness and readiness to become the major foreign investors in the Canadian resource sector.

Author(s):  
Nicolás M. Perrone

Foreign investors and states frequently cooperate to facilitate investment projects in the natural resource sector. National elites tend to be involved in these cases, acting like partners to the foreign investors, because they often benefit economically and have an interest in the continuation of extractivism. Meanwhile, local communities are in a weak position, with limited or no public support and few legal options. They may still resist a project, sometimes forcing the state to cancel it, yet cancellation may only be a pyrrhic victory. Foreign investors can rely on investment treaties and ISDS to interpret and enforce the political signals and givings granted by the host state. The cases analysed in this chapter show how ISDS tribunals overlook investor misconduct and the context of extractivist projects while making local communities invisible.


2013 ◽  
Vol 51 (2) ◽  
pp. 343
Author(s):  
Angela Avery ◽  
Peter Glossop ◽  
Paula Olexiuk

Over the last few years significant investments in the Canadian resource sector have been made by foreign, state-owned investors. Recent developments in this area have raised concerns that Industry Canada is adopting a more restrictive approach with respect to state-owned enterprises. This article examines the history and evolution of Canada’s foreign investment regime against the current regime in place in the energy sector. The article then examines the practical and commercial effects of the recent developments and concludes by providing examples of how to navigate the emerging commercial and regulatory framework.


2019 ◽  
Vol 2 (5) ◽  
pp. 199-205
Author(s):  
Svetlana Shumilova

Foreign investment is the driving force behind the development of the Russian oil and gas complex and the economy as a whole. This was the case until 2014; the current situation has changed somewhat: the inflow of foreign investment in the Russian energy sector is complicated not only by the imposed sanctions, but also by the main obstacle - instability of world energy prices. The current price conjuncture, as well as the situation with supply and demand, is pushing foreign investors to reduce investment proposals. The article analyzes the dynamics, species and sectoral structure of annual flows of foreign investment in the Russian economy, which allows to identify the main trends in attracting foreign capital in the past few years. In the Russian economy, at the moment, the most attractive areas for foreign investors are mining, manufacturing, wholesale and retail trade. These economic activities account for more than 60% of the total foreign investment.


Author(s):  
Tarcisio Gazzini

AbstractThe chapter examines the evolution of the role of the home state in foreign investment law. Traditionally, such a role was essentially limited to norm-setting and protecting nationals and national companies abroad. Protection was typically offered through diplomatic protection, which was based on the legal fiction that the state was vindicating its own right. The conclusion of modern investment treaties, the progressive emancipation of foreign investors and the development of investor-state arbitration meant a marginalisation of the home state. Some recent treaties, however, have paved the way for a new role for the home state that goes well beyond protection of its nationals and national companies. Innovative provisions have introduced obligations and responsibilities for the home state, especially with regard to the fight against corruption and the liability of its own investors. It remains to be seen to which extent these provisions will spread across the international community of states.


1996 ◽  
Vol 14 (2) ◽  
pp. 119-125
Author(s):  
A. A. Arbatov

A critical analysis is presented of the factors influencing foreign investment in Russian oil and gas exploration and production. Greater stability in the Russian economy would help and unfortunately some elements of the Russian bureaucracy hinder quick decision making. Western investors could improve their position by concentrating on developments which are unlikely to be developed by Russian companies in the next decade.


2018 ◽  
Vol 2 (2) ◽  
pp. 127
Author(s):  
Agung Sujati Winata

Legal protection provided by the state to investors is one of the considerations for foreign investors before investing in a country. This study aims to find out and analyze the legal protection of foreign investment in Indonesian law and implications itself. This research is a descriptive study, which analyzes and describes systematically, factually, and accurately the provisions relating to legal protection against foreign investment in Indonesia. Based on the results of the study, it is known that legal protection against foreign investment in Indonesian law is regulated in the Investment Law. This law has provided adequate protection for foreign investors for a variety of risks including non-commercial risks in foreign investment in Indonesia. Providing the widest opportunity for foreign investors to invest their capital in Indonesia has encouraged many foreign investors to invest in Indonesia.Keywords: Investor, Investment, Legal Protection.


1997 ◽  
Vol 2 (2) ◽  
pp. 81-86
Author(s):  
Amjad Waheed

Pakistan experienced the reverberations starting in 1988 of the changes that swept the Asian emerging markets. To create an investment friendly environment the GoP adopted liberal economic policies of deregulation, privatisation, opening of capital markets to foreigners, liberalisation of foreign exchange regulations and dismantling of investment control - policies that lead to a significant increase in direct and indirect foreign investment in the country.


2020 ◽  
pp. 1-13
Author(s):  
Faten Hawa

Abstract The current research focuses on the most important features of the Foreign Investment Law of 2019 in the State of Qatar, including guarantees and incentives for foreign investors. These include customs, tax, financial and investment advantages and exemptions, in addition to protection for the foreign investor from non-commercial risks that may be caused by his investment in the country. This research reached a number of conclusions and made recommendations that focus on strengthening as well as enforcing incentives and guarantees based on the Executive Regulation of the Law. These guarantees, along with some proposed recommendations, will be issued shortly, making the enforcement law a real and attractive element for foreign investment.


1989 ◽  
Vol 33 (2) ◽  
pp. 192-204
Author(s):  
C. N. Ngwasiri

There is no doubt that the investment climate in every country is conditioned to a great extent by non-legal factors. Nevertheless, many developing countries have, to varying degrees, relied on legislation as a means of attracting foreign investment. When Cameroon attained independence in 1960, it enacted an Investment Code that same year with the aim of attracting investment which the young state needed so much for the realisation of its development objectives. When after two decades the said Code no longer responded to the needs of the state, a new one was instituted on 4 July, 1984. The common feature of Investment Codes is that they contain various incentives aimed at channelling investments to areas which the authors regard as top priority. In this article, an attempt will be made to show to what extent the Cameroonian government has succeeded in its effort to direct investments to desired regions of the country through a statute wherein incentives cohabit with regulations on matters such as imports, exports, price fixing, foreign exchange, etc., which foreign investors consider as repellent. The study is subdivided into two parts. The first part is based on the Investment Codes and the second deals with the country's regulatory environment.


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