Political Risks Inherent in Foreign Investment Regarding Tariffs: A Recent Example From Cambodia

2019 ◽  
Author(s):  
Alan Franklin
Author(s):  
Rubins Noah ◽  
Nektarios Papanastasiou Thomas ◽  
Kinsella N Stephan

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.


Significance The country’s politics have long been dominated by the desire to control the state apparatus, and consequently the distribution of wealth and benefits, rather than by a specific economic ideology. Political turbulence and insecurity since 2011 and 2014 have disrupted these patterns but have not fundamentally changed them. Impacts Business opportunities for foreign companies will grow slowly. Security and political risks will continue to deter major foreign investment. Public investment spending will not return to pre-2011 levels before 2020-21.


2020 ◽  
Vol 20 (1) ◽  
pp. 31-47
Author(s):  
Eduardo Acuña Aguirre

This article refers to the political risks that a group of five parishioners, members of an aristocratic Catholic parish located in Santiago, Chile, had to face when they recovered and discovered unconscious meanings about the hard and persistent psychological and sexual abuse they suffered in that religious organisation. Recovering and discovering meanings, from the collective memory of that parish, was a sort of conversion event in the five parishioners that determined their decision to bring to the surface of Chilean society the knowledge that the parish, led by the priest Fernando Karadima, functioned as a perverse organisation. That determination implied that the five individuals had to struggle against powerful forces in society, including the dominant Catholic Church in Chile and the political influences from the conservative Catholic elite that attempted to ignore the existence of the abuses that were denounced. The result of this article explains how the five parishioners, through their concerted political actions and courage, forced the Catholic Church to recognise, in an ambivalent way, the abuses committed by Karadima. The theoretical basis of this presentation is based on a socioanalytical approach that mainly considers the understanding of perversion in organisations and their consequences in the control of anxieties.


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