scholarly journals The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 170
Author(s):  
Rizky Amalia ◽  
Hilda Yunita Sabrie ◽  
Widhayani Dian
Keyword(s):  
Foreign Direct Investment ◽  
International Business ◽  
Direct Investment ◽  
Public Investment ◽  
Good Faith ◽  
Conceptual Approach ◽  
Choice Of Law ◽  
Private And Public ◽  
Business Contract ◽  
Common Problems

Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of international contract law should be applied as the basis for determining the choice of law for the parties to a contract. This paper examines the principle of good faith in the choice of law to realize justice among the parties with different laws, especially on private and public investment contracts between foreign investors and domestic investors in Indonesia, in the process of formation, implementation, or post-contract. This paper is legal research that is normative, meaning that this research is based on the prevailing laws and regulations in Indonesia. Then, the approach used is statute approach and conceptual approach. So it is expected that between the rules and the concept of existing topics will be aligned. Keywords: Choice of Law, Foreign Direct Investment Contracts, Principles of Good Faith. 

scholarly journals ANALISIS YURIDIS MENGENAI PENTINGNYA KLAUSULA PILIHAN HUKUM DAN/ATAU PILIHAN FORUM DALAM KONTRAK BISNIS INTERNASIONAL

2020 ◽  
Vol 7 (1) ◽  
pp. 27
Author(s):  
Michael Saputra Prajugo
Keyword(s):  
International Business ◽  
Legal System ◽  
Research Method ◽  
Research Question ◽  
Civil Law ◽  
Civil Code ◽  
Conceptual Approach ◽  
Choice Of Law ◽  
Important Thing ◽  
Business Contract

One sphere regulated by International Civil Law is international business contracts which contain foreign elements. The existence of foreign elements in international business contracts is followed by the emergence of the freedom of the parties to determine choice of law and/or choice of forum. Without the inclusion of choice of law and/or choice of forum clauses, problems will arise about which country’s law applies and which forum is authorized to resolve international business contract disputes. One important thing related to choice of law and/or choice of forum in international business contracts is the limitations toward them. The research question is what are the limitations toward choice of law and/or choice of forum in international business contracts?. The research method used is juridical normative with statute approach and conceptual approach as problem approaches. The result of the research explicates in general, the limitations toward choice of law and/or choice of the forum in international business contracts are the limitations determined in Article 1339 of the Civil Code namely not contrary to propriety, customs, laws, and applicable legal system in every country. The parties need to understand the limitations toward choice of law and/or choice of forum clauses in international business contracts and implement them when making choice of law and/or choice of forum clauses so these clauses are not null and void.

Determinants of Managerial Skill Spillover from FDI Enterprise to SMEs Vietnam

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Dang Thi Huong
Keyword(s):  
Foreign Direct Investment ◽  
International Business ◽  
Business Strategy ◽  
Direct Investment ◽  
Viet Nam ◽  
Factors Affecting ◽  
Managerial Skills ◽  
Working Paper ◽  
Doi Moi ◽  
Managerial Skill

This paper investigates the determinants of managerial skill spillover from FDI enterprise to SMEs Vietnam. By using expert interviewing method and survey, the paper initially identifies and evaluates factors affecting the transfer of managerial skills from FDI enterprises to SEMs in Vietnam. These factors include: Attitude and willingness to receive the spillover; Managerial capacity; Spillover channels and environment supporting spillover. Based on the results, the paper proposes some suggestions to promote the transfer of managerial skills from FDI enterprises into SMEs in Vietnam. Keywords Spillover, managerial skill, FDI enterprises References 1. Bộ Kế hoạch và Đầu tư, 2013. Kỷ yếu Hội nghị 25 năm đầu tư trực tiếp nước ngoài tại Việt Nam. Hà Nội2. Cục Đầu tư nước ngoài - Bộ KH-ĐT, 2014. Một số nghiên cứu về chuyển giao công nghệ qua FDI. Hà Nội.3. Phan Xuân Dũng, 2004. Chuyển giao công nghệ ở Việt Nam, thực trạng và giải pháp. Hà Nội. Nhà xuất bản Chính trị quốc gia. 4. Bùi Văn Hùng, 2013. Chuyển giao công nghệ thông qua các dự án FDI và những vấn đề đặt ra. Tạp chí KH-CN Việt Nam, số 15 – năm 2013. 5. Trần Lan Hương & Trần Tuấn Linh, 2012. Chính sách thúc đẩy xuất khẩu của Thái Lan và bài học kinh nghiệm cho Việt Nam. Tạp chí Kinh tế và phát triển, số đặc biệt, 9/2012.6. Nguyễn Thị Hường, 2002. Quản trị dự án và doanh nghiệp có vốn đầu tư nước ngoài FDI, nhà xuất bản Thống kê.7. Phùng Xuân Nhạ, 2010. Điều chỉnh chính sách đầu tư trực tiếp nước ngoài ở Việt Nam trong tiến trình hội nhập kinh tế quốc tế, nhà xuất bản ĐHQGHN.8. Trịnh Minh Tâm, 2016. Nghiên cứu tác động của FDI tới đổi mới công nghệ ở Việt Nam. Luận án tiến sỹ, Đại học Kinh tế quốc dân.9. Karpaty & Lundberg, 2004. Foreign direct investment and productivity spillovers in Swedish manufacturing. Working paper No.2, Orebro, University, Orebro.10. Kuemmerle, 1999. The drivers of foreign direct investment into research and development: An empirical investment. Journal of International Business Strategy, 30, 1-24.11. Nguyễn & Anwar, 2011. Foreign direct investment and trade: The case of Vietnam. Research in International Business and Finance, 25, 39-52.

scholarly journals Investment and Economic Growth: An Empirical Analysis for Tanzania

2016 ◽  
Author(s):  
Manamba Epaphra ◽  
John Massawe
Keyword(s):  
Economic Growth ◽  
Foreign Direct Investment ◽  
Life Expectancy ◽  
Direct Investment ◽  
Public Investment ◽  
Private Investment ◽  
Domestic Investment ◽  
Control Variables ◽  
Lm Test ◽  
The Impact

This paper analyzes the causal effect between domestic private investment, public investment, foreign direct investment and economic growth in Tanzania during the 1970-2014 period. The modified neo-classical growth model that includes control variables such as trade liberalization, life expectancy and macroeconomic stability proxied by inflation is used to estimate the impact of investment on economic growth. Also, the economic growth models based on Phetsavong and Ichihashi (2012), and Le and Suruga (2005) are used to estimate the crowding out effect of public investment on private domestic investment on one hand and foreign direct investment on the other hand. A correlation test is applied to check the correlation among independent variables, and the results show that there is very low correlation suggesting that multicollinearity is not a serious problem. Moreover, the diagnostic tests including RESET regression errors specification test, Breusch-Godfrey serial correlation LM test, Jacque-Bera-normality test and white heteroskedasticity test reveal that the model has no signs of misspecification and that, the residuals are serially uncorrelated, normally distributed and homoskedastic. Generally, the empirical results show that the domestic private investment plays an important role in economic growth in Tanzania. FDI also tends to affect growth positively, while control variables such as high population growth and inflation appear to harm economic growth. Results also reveal that control variables such as trade openness and life expectancy improvement tend to increase real GDP growth. Moreover, a revealed negative, albeit weak, association between public and private investment suggests that the positive effect of domestic private investment on economic growth reduces when public investment-to-GDP ratio exceeds 8-10 percent. Thus, there is a great need for promoting domestic saving so as to encourage domestic investment for economic growth.

scholarly journals Cabo Verde

2016 ◽  
Vol 2016 (366) ◽  
Author(s):  
Keyword(s):  
Economic Growth ◽  
Foreign Direct Investment ◽  
Unemployment Rate ◽  
Direct Investment ◽  
Public Investment ◽  
Youth Unemployment ◽  
Domestic Demand ◽  
Energy Prices ◽  
Price Inflation ◽  
Cabo Verde

This 2016 Article IV Consultation highlights that the economic growth of Cabo Verde in 2015 stagnated at 1.5 percent, slightly below the 1.9 percent registered in 2014. Tourism recovered and remittances remained robust, but foreign direct investment (FDI) and public investment slowed. The unemployment rate declined to 12.4 percent, as did youth unemployment, which nevertheless remained high at 28.6 percent. Consumer price inflation remained muted owing to lower food and energy prices, averaging 0.1 percent for 2015. In 2016, growth is forecast to recover to 3.2 percent supported by FDI, domestic demand, agriculture, and tourism, which should benefit from the mild upswing in Europe.

scholarly journals The Origin of Crony Capitalism in Modern Mexico and its Current Impact on Foreign Direct Investment

Norteamérica ◽  
2021 ◽  
Vol 16 (2) ◽  
Author(s):  
José Galindo
Keyword(s):  
Foreign Direct Investment ◽  
International Business ◽  
Direct Investment ◽  
Negative Consequences ◽  
Foreign Investors ◽  
Doing Business ◽  
Crony Capitalism ◽  
Current Impact ◽  
Domestic Power ◽  
Domestic Level

This paper analyses to what extent crony capitalism (CC) affects international business activities. By using the case of Canadian companies investing in mining in Mexico, I explain in which ways CC impacts foreign direct investment. My argument is that CC does not imply negative consequences for international business activities if other variables are controlled at the domestic level. CC could even generate positive incentives to foreign investors, deepening corruption problems internally. This type of corruption does not elevate the risk perceived by foreign investors if the process of doing business in Mexico is under the control of domestic power groups.

THE DETERMINANTS OF FOREIGN DIRECT INVESTMENT IN R&D: DIFFERENT INDUCEMENT EFFECTS OF PRIVATE AND PUBLIC R&D IN DEVELOPED AND DEVELOPING HOST COUNTRIES

2020 ◽  
pp. 1-29
Author(s):  
JUN-KI PARK ◽  
DONG JOON LEE ◽  
KEUN LEE
Keyword(s):  
Developing Countries ◽  
Foreign Direct Investment ◽  
Multinational Corporations ◽  
Direct Investment ◽  
Developed Countries ◽  
Host Countries ◽  
Developed Economies ◽  
Local Product ◽  
Private And Public ◽  
D Investment

In this paper, we identify the different determinants of the location of research and development (R&D) on foreign direct investment (FDI) in both developed and developing countries. In the case of host developed countries, we find that private R&D investment is positively associated with attracting R&D on FDI. In contrast, in the case of host developing countries, we find that private R&D investment is not significantly associated with attracting R&D FDI, but public R&D induces it. These findings imply that the objective of R&D FDI in developed economies is to advance multinational corporations’ (MNCs) technology further by targeting the local technology market. In contrast, the R&D FDI of MNCs in developing countries is attracted toward localities where the R&D infrastructure is better developed due to public R&D investment. MNCs in developing countries do not direct considerable attention to the R&D activities of the local private sector because their goal is to modify their own technology or products for the local product or export markets in the host countries. Therefore, although one obvious policy implication is the importance of conducting local R&D to attract foreign R&D, the more important factors are to stimulate private R&D further in the case of developed countries and to initiate public R&D first in the case of developing countries.

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