The Andean Foreign Investment Code: A New Phase in the Quest for Normative Order as to Direct Foreign Investment

1972 ◽  
Vol 66 (4) ◽  
pp. 763-784 ◽  
Author(s):  
Covey T. Oliver
Keyword(s):  
World War Ii ◽  
International Law ◽  
Foreign Investment ◽  
Direct Foreign Investment ◽  
Developed Countries ◽  
Host Countries ◽  
Positive Law ◽  
Normative Order ◽  
American Society ◽  
New Phase

Signs of inadequacy and crisis in general international law as to the economic ownership interests of aliens have been numerous since World War II. The pages o f the J ournal have recorded and analyzed a number of situations in which the existing legal order is not working well: ineffectual resorts to international adjudication; unilateral disregard of arbitral commitments; national decisions made in the name of international law but of dubious international acceptability; professional frustrations so intense as to have directed prime attention to happenstantial “salvage” operations. In a phase now apparently ended, groups in capital exporting countries have tried time after time to put forward normative formulations of investment codes as new positive law, only to have their efforts ignored in developing countries. Now we seem to be in a new phase, one in which direct investment-receiving, or host, countries, organized into groups or regional arrangements, compact among themselves that a comprehensive normative system shall prevail in each of them as to the legal relationships between foreign investors and each of those countries. Although foreign investment codes for particular states, including systems of prior restraints on entry in some developed countries, are not new, the Andean Foreign Investment Code is, indeed, a new juristic phenomenon. The Editors of the Journal have wished, therefore, to record and analyze preliminarily this new development in transnational investment law, one whose text has been carried in International Legal Materials and considered as to its possible impact in Research Panels organized by the American Society of International Law.

Going Global

2018 ◽  
pp. 72-91
Author(s):  
Rhys Jenkins
Keyword(s):  
Foreign Investment ◽  
Direct Foreign Investment ◽  
Developed Countries ◽  
Economic Factors ◽  
International Expansion ◽  
Chinese Firms ◽  
Global Policy ◽  
Market Driven

The chapter documents the growth of Chinese outward direct foreign investment (OFDI) and overseas projects carried out by Chinese contractors. The chapter discusses some of the problems in measuring Chinese OFDI. It shows the continuing importance of state-owned enterprises in China’s Go Global policy and discusses whether the international expansion of Chinese firms is primarily state driven or market driven. It shows that although political objectives played a role in the early expansion of Chinese firms, strategic economic factors and commercial objectives have played the most important roles in recent years. Resources and markets have been major drivers of the internationalization of Chinese firms. Chinese firms have also been involved in strategic-asset-seeking investment in developed countries.

The Evolving International Human Rights System

2006 ◽  
Vol 100 (4) ◽  
pp. 783-807 ◽  
Author(s):  
Thomas Buergenthal
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
World War I ◽  
International Law ◽  
Humanitarian Law ◽  
Human Beings ◽  
World War ◽  
International Human Rights ◽  
International Human ◽  
American Society

Few, if any, branches of international law have undergone such dramatic growth and evolution as international human rights in the one hundred years since the founding of the American Society of International Law. This branch of international law did not really come into its own until after World War II. Before then, what today we would broadly characterize as human rights law consisted of diffuse or unrelated legal principles and institutional arrangements that were in one way or another designed to protect certain categories or groups of human beings. Included in this mix prior to World War I were state responsibility for injuries to aliens, international humanitarian law (as we know it today), the protection of minorities, and humanitarian intervention.

Business arrangements used by U.S. wood-based companies involved in direct foreign investment

1991 ◽  
Vol 67 (2) ◽  
pp. 141-144 ◽  
Author(s):  
Edward M. Bilek ◽  
Paul V. Ellefson
Keyword(s):  
Foreign Investment ◽  
Financial Burden ◽  
Direct Foreign Investment ◽  
Developed Countries ◽  
Significant Preference ◽  
Foreign Investments ◽  
World Markets ◽  
The World ◽  
Political Conditions

Two hundred foreign investments (wholly-owned subsidiaries and joint ventures) were identified for 12 of the nation's 1981 top 20 sales-leading transnational wood-based companies. Investments were scattered over much of the world with a significant preference for developed countries (135 of the 200 foreign investments). Company executives agreed that the ability to compete in world markets would be key to a company's long-term success. Only three companies indicated foreign investments were of growing importance. Factors influencing company decisions about type of foreign investment included length of investment, developed versus developing country, social and political conditions in host country, foreign pressure to reduce equity, control of profit remittances and share of financial burden.

scholarly journals REFUGEES AS A FACTOR OF ECONOMIC DEVELOPMENT IN HOST COUNTRIES OF MIGRATION

2016 ◽  
pp. 82-89
Author(s):  
R. Stakanov
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
World War Ii ◽  
Supply And Demand ◽  
Forced Migration ◽  
Developed Countries ◽  
Economic Consequences ◽  
Host Countries ◽  
The World ◽  
The Difference

The article analyses refugee impact on economic development of host countries. About two-thirds of all international migrants reside in 20 countries. Total number of refugees in the world was estimated at 19.5 million people in 2014, the number of refugees reached the highest level since World War II. Unlike the voluntary migration, the vast majority of refugees head towards developing countries. It must be stressed that forced migration flows generate significant negative political and economic consequences for the world as a whole. Forced migrants tend to come to those regions where there are no significant employment opportunities. The assumption that receiving a large number of migrants by developed countries may cause unemployment or reduce wages or leads to a significant increase in the cost of public finances due to the rise in social payments is largely unconfirmed. Forced migration being poorly guided, as it is an intrinsic feature of today's stage, creates significant negative externalities to neighbouring regions and the world at large. There is a sizeable difference between forced and voluntary migration for their economic and political consequences. In terms of economic prospects, the difference between forced and voluntary migration should disappear over time. The paper studied the mismatch of supply and demand for certain skills on the labour market that is much more of a problem for developing countries because they receive large volumes of refugees in relation to the total population of their countries and have far fewer opportunities for leveling the imbalance in the economy by attracting additional amount of capital.

Sovereignty, National Interest & Security and the Bilateral Investment Treaties of Bangladesh and the Netherlands: a Comparison

2019 ◽  
Vol 12 (2) ◽  
pp. 183-214
Author(s):  
Mohammad Belayet Hossain ◽  
Asmah Laili Bt Yeon ◽  
Ahmad Shamsul Bin Abd. Aziz
Keyword(s):  
The Netherlands ◽  
Foreign Investment ◽  
National Interest ◽  
Developed Countries ◽  
Bilateral Investment Treaties ◽  
Least Developed Countries ◽  
Host Countries ◽  
Investment Policies ◽  
Investment Treaties ◽  
The Government

Abstract In absence of any global treaty, the bilateral investment treaties are playing the important role of regulating foreign investments in the host countries. The primary purpose of economic globalization is the economic development of the developing and least-developed countries as well as to facilitate benefits of the home states. Bangladesh and the Netherlands also signed bilateral investment treaties to facilitate trade. Bangladesh foreign investment laws and bilateral investment treaties mainly protect foreign investors; however, neither include any specific provisions of protecting sovereignty, national interest, and security. The Netherlands generally follows EU foreign investment policies. This paper addresses two questions: (a) do the bilateral investment treaties of Bangladesh and the Netherlands include any specific provisions to protect the sovereignty, national interest, and security, and (b) should the sovereignty, national interest, and security be considered during the entry of foreign direct investment in Bangladesh and the Netherlands? Using doctrinal research method, a total of 25 bilateral investment treaties have been analysed in order to explore whether they protect the sovereignty, national interest, and security of Bangladesh and the Netherlands. Based on the findings, this study will recommend that the government of Bangladesh should consider this important factor as an entry condition, either through amending the existing laws or through the bilateral investment treaties.

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