Taming Leviathan: Foreign Investment, Political Risk and a Regulatory Framework for Sovereign Wealth Funds

2011 ◽  
Author(s):  
Victoria Clare Barbary ◽  
Bernardo Bortolotti
Keyword(s):  
Foreign Investment ◽  
Political Risk ◽  
Regulatory Framework ◽  
Sovereign Wealth Funds

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.

Sovereign Wealth Funds and Domestic Political Risk

2017 ◽  
Author(s):  
Paul Rose
Keyword(s):  
Risk Management ◽  
Oil And Gas ◽  
Political Risk ◽  
Sovereign Wealth Funds ◽  
Sovereign Wealth Fund ◽  
Ultimate Ownership

This chapter discusses sovereign wealth fund (SWF) governance as a tool to manage domestic political risk. It adds to the literature on the domestic legitimacy of SWFs and theorizes that legitimacy, broadly conceived, serves as a signal of appropriate entity and political risk management. Sovereign fund legitimacy is a question of increasing importance to sponsor countries as decreasing oil and gas prices force some governments to decide whether the role of SWFs should be changed to deal with the loss of revenue resulting from decreased oil and gas exports, or other budget shocks. Policymakers and fund officials must structure and govern sovereign funds in such a way as to adequately and legitimately fulfill their mandate. Threats to legitimacy include issues involving ultimate ownership of the fund, corruption, unclear or shifting purposes and uses of the fund, and misalignment of the fund with societal mores and interests.

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

The Impact of the Chinese Sovereign Wealth Funds (SWFs) On Sino-EU Relations: The Leverage between Investment and Human Rights

2016 ◽  
Vol 7 (2) ◽  
Author(s):  
Qingxiu Bu
Keyword(s):  
Human Rights ◽  
Financial Markets ◽  
Regulatory Framework ◽  
Capital Investments ◽  
Host Countries ◽  
Sovereign Wealth Funds ◽  
Policy Makers ◽  
Protection Of Human Rights ◽  
The Impact

AbstractSovereign wealth funds (SWFs) have been rapidly redefining the traditional paradigms, providing both much-needed capitals as well as posing particular challenges for policy makers. The role of SWFs, which are becoming increasingly involved in the global financial markets, has often been underestimated in the discourse of the protection of human rights. The tâtonnement processes of bargaining between home and host countries of SWFs indicate that the concern regarding human rights has maintained a sensible balance between protecting the rights of individuals and the benefits that large capital investments offer for both host and home countries. The challenge still remains as to whether the presumption that the promotion of SWFs investment is going to retard the promotion of human rights would not be rebutted even in terms of the new global regulatory framework.

scholarly journals Foreign Investment in Canada's Oil and Gas Sector: New and Emerging Challenges

2013 ◽  
Vol 51 (2) ◽  
pp. 343
Author(s):  
Angela Avery ◽  
Peter Glossop ◽  
Paula Olexiuk
Keyword(s):  
Foreign Investment ◽  
Oil And Gas ◽  
Energy Sector ◽  
Regulatory Framework ◽  
Current Regime ◽  
Foreign State ◽  
Recent Developments ◽  
Resource Sector ◽  
Oil And Gas Sector

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.

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.

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