scholarly journals Foreign Investment in French Polynesia - Decision of 9 April 1996 of the French Constitutional Council

1997 ◽  
Vol 27 (1) ◽  
pp. 209
Author(s):  
Yves-Louis Sage
Keyword(s):  
Foreign Investment ◽  
French Polynesia ◽  
Practical Implementation ◽  
Legal Requirements ◽  
Foreign Investments ◽  
Foreign Investors ◽  
Investment Projects ◽  
The Future

Investment projects especially in tourism are booming in French Polynesia and the future prosperity of the Territory relies largely on their success. However, foreign investments remain highly controlled by the territorial authorities. The measures adopted by the Territorial Assembly on 21 November 1996 despite, or as a consequence of, decision 96-373 of the French Constitutional Council, set out all the legal requirements for foreign investors in a way which leads to strong reservations as to their validity and their practical implementation.

scholarly journals Legislation on direct foreign investment in the Russian Federation and the United States: comparative-legal analysis

2020 ◽  
pp. 61-73
Author(s):  
Yuliya Mikhailovna Kudryashova
Keyword(s):  
United States ◽  
Russian Federation ◽  
Foreign Investment ◽  
Direct Foreign Investment ◽  
The United States ◽  
Practical Implementation ◽  
Legal Analysis ◽  
Foreign Investments ◽  
Investment Activity ◽  
The Russian Federation

This article analyzes the investment legislation of the Russian Federation and the United States. The subject of this research is the specific normative legal acts regulating direct foreign investments in the indicated countries, while the object is the relations emerging in the process of foreign investment activity.  The author provides the examples of various factors in the area of foreign investment for the purpose of their comparison and determination of specificity of their practical implementation. The reference to doctrinal sources allowed to clearer explain the author’s position of the topic. The scientific novelty and relevance of this work are substantiated by examination of investment activity, which greatly impacts the economy of modern countries. The author’s special contribution lies in studying the experience of U. S. legislation with regards to direct foreign investments. The main conclusion consists in the fact that both jurisdictions have a well-developed mechanism for regulating investment relations, as well as both countries feature a number of restrictions that can face a foreign investor. The need for improvement of Russian legislation is underlined. The acquired results can be used in legislative and expert activity, as well as in further theoretical-legal research.

scholarly journals Protecting the Rights of Local Shareholders under the Saudi rules for Qualified Foreign Financial Institutions Investments in Listed Shares: قانون الاستثمار الأجنبي في سوق الأسهم السعودية: دراسة تأصيلية مقارنة مع دول مجلس التعاون الخليجي ودولة استراليا

2020 ◽  
Vol 4 (8) ◽  
Author(s):  
Abdullah Mushkus Almutairi
Keyword(s):  
Financial Institutions ◽  
Foreign Investment ◽  
Stock Exchange ◽  
Local Economy ◽  
Exchange Market ◽  
Foreign Investments ◽  
Research Project ◽  
Positive Role ◽  
Foreign Investors ◽  
Local Stock

Recently, the Saudi Capital Market Authority (CMA) opened the door for foreign investors to invest directly in the stock exchange market (Tadawul) to gain more welfare from their investments. Along with this step, the CMA released a set of Rules for Qualified Foreign Financial Institutions Investments (RQFFII) in Listed Shares 2015 that aimed to attract and protect the shareholders' rights. In this research project, the RQFFII have been examined to discover the level of attraction that these Saudi rules offer to foreign investment. The project also aimed to highlight strengths and weaknesses in the rules with regard to the protection shareholders' rights. This thesis explored the possible influence of foreign investments in the Saudi stock exchange. The research project aimed to increase the CMA and shareholders' awareness and knowledge in regard to these rules which lead to more protection of the local stock exchange. In order to achieve this goal, this thesis used a qualitative method by comparing these rules to the regulations of other countries that have a successful record, such as the Gulf Countries Council (GCC) and Australia. It has also analysed reports of the international organization to support the findings. The findings showed that on the one hand the current rules are not sufficiently attractive, and on the other hand are restricted and able to provide enough protection to the domestic market and shareholders. In addition, the results support the positive role of foreign investors on the local stock exchange market and its regulations. The findings implied a correlation between regulations and foreign investment flows in regard to attracting foreign investments and protecting the local economy. Hence, Saudi policymakers use the gradual opening of foreign investors to its stock exchange, this project found that the amended rules in 2016 may lead to more foreign investment inflow.

Foreign Investor Rights and Investment Relations

2021 ◽  
pp. 17-50
Author(s):  
Nicolás M. Perrone
Keyword(s):  
Dispute Resolution ◽  
Foreign Investment ◽  
Analytical Framework ◽  
Local Communities ◽  
Foreign Investor ◽  
Foreign Investors ◽  
Investment Projects ◽  
Investment Treaties ◽  
Dispute Resolution Mechanism

Investment treaties and ISDS serve not just to resolve disputes between states and foreign investors. Through interpreting foreign investor rights, they also help structure foreign investment relations. This chapter leaves the norm entrepreneurs of the late 1950s and 1960 aside to develop an analytical framework for examining how the rights of foreign investors can contribute to defining their role in and relations with states and local communities. It examines the type of rights that make foreign investment projects, their purpose, and different ways of looking at the interface between these rights, states’ right to regulate, and local communities. A transnational and socio-legal approach to property and contracts informs the analysis. The remainder of the chapter focuses on the importance of ISDS for foreign investor rights, examining the normative and distributive implications of this dispute resolution mechanism.

IMPACT OF FOREIGN INVESTMENTS IN VESZPRÉM COUNTY AND THE BALATON REGION: A DIFFERENT APPROACH

2021 ◽  
Author(s):  
Milena Galetin ◽  
◽  
Viktória Csizmadiáné Czuppon
Keyword(s):  
Social Sciences ◽  
Foreign Investment ◽  
Legal Aspects ◽  
Foreign Investments ◽  
Foreign Investors ◽  
Foreign Companies ◽  
The Third ◽  
Cross Border ◽  
Local Companies ◽  
The Impact

The importance of foreign investment for both foreign investors and host states (i.e. the economic development of the country receiving capital) is without question. Among the motives for cross-border movement of capital are profit making, entering new markets and cheaper production1. In that sense foreign investments are suitable tools which allow companies to expand their cross-border operations and possibility to become key economic players, locally and globally. The authors deal with the impact of foreign investment on local companies/local producers in Veszprém County and the Balaton Region. The research aims to explore their attitude - advantages and obstacles they encounter due to the existence of foreign companies. There was a requirement to analyze investment disputes in which Hungary is a party, scrutinizing socio-legal aspects of foreign investment. This research consists of four parts. After the introduction, the results of the survey are shown in the second part and investment disputes in the third part. Although the survey was done just before the COVID 19 outbreak, in some parts of the paper it was necessary to address certain issues in this context. The combination of theoretical analysis and empirical research that is characteristic of social sciences is used. Finally, in the last part, concluding remarks along with recommendations are presented.

scholarly journals Reformasi Hukum dan Realisasi Investasi Asing pada Era Presiden Joko Widodo

2020 ◽  
Vol 3 (2) ◽  
pp. 237-266
Author(s):  
Nandang Sutrisno ◽  
Sigar Aji Poerana
Keyword(s):  
Economic Growth ◽  
Foreign Investment ◽  
External Environment ◽  
Foreign Investments ◽  
Foreign Investors ◽  
Investment Policies ◽  
Legal Reforms ◽  
Investment Growth ◽  
Second Period ◽  
Priority Factor

This article discusses two reasearch questions, firstly, whether law reforms on investment by the issuance of policy packages involving massive numbers of regulations during the First Period of President Jokowi have been successful to increase the realization of foreign investments? Secondly, how is the projection of foreign investment policies in the Second Period Of President Joko Widodo to increase the realization of foreign investments? Theoretical framework used in this article methodologically places law as external environment for foreign investors, and that law is the priority factor and the most relevant for investment and economic growth. This article concludes that first, law reforms on investments by the issuance of massive regulations in the First Period, even though having been successful to increase the values of realization of cumulative foreign investments significantly, they have been unsuccessful in increasing the annual percentages of foreign investment growth. Second, Omnibus Law and the then implementing regulations that would be used to increase foreign investments have been inviting resistances from various components of the nation, due to lack of transparent procedures and degrading the interests of public at large, and bias of the intersets of investors. Therefore, the effectiveness of law reforms in the Second Period would be impeded by various resistant movements, and in turn, be contraproductive with the purposes of legal reforms. Abstrak Artikel ini membahas dua permasalahan utama, pertama apakah reformasi hukum investasi melalui serangkaian paket kebijakan dengan jumlah peraturan yang masif pada Periode Pertama Presiden Jokowi telah berhasil meningkatkan realisasi investasi asing? Kedua, bagaimanakah proyeksi kebijakan investasi asing pada Periode Kedua Presiden Jokowi untuk meningkatkan realisasi investasi asing? Kerangka teoretik yang digunakan dalam artikel ini secara metodologis menempatkan hukum sebagai lingkungan eksternal dari investasi asing, bahwa hukum merupakan faktor prioritas dan paling relevan untuk investasi dan pertumbuhan ekonomi. Kesimpulan dari artikel ini pertama, reformasi hukum investasi dengan mengeluarkan produk hukum yang masif pada Periode Pertama meskipun berhasil meningkatkan nilai investasi asing kumulatif secara signifikan, tetapi tidak berhasil meningkatkan persentase pertumbuhan pertahunnya. Kedua, Omnibus Law dan peraturan-peraturan pelaksanaanya yang akan diandalkan untuk meningkatkan investasi asing telah mengundang resistensi dari berbagai komponen bangsa, karena secara prosedur pembentukannya tidak transparan dan secara substantif mendegradasi kepentingan masyarakat luas serta lebih berpihak kepada kepentingan para investor. Dengan demikian efektivitas reformasi hukum pada Periode Kedua akan terganggu dengan berbagai gerakan resistensi yang akan menyebabkan kontraproduktif dengan tujuan dari reformasi hukum tersebut.

scholarly journals Obstacles to domestic and foreign investment in the Kingdom of Saudi Arabia: معوقات الاستثمار المحلي والأجنبي في المملكة العربية السعودية

2021 ◽  
Vol 5 (24) ◽  
pp. 103-77
Author(s):  
Reem Abdullah Alqnayah Reem Abdullah Alqnayah
Keyword(s):  
Saudi Arabia ◽  
Foreign Investment ◽  
Government Agencies ◽  
Kingdom Of Saudi Arabia ◽  
Foreign Investors ◽  
Investment Projects ◽  
Remote Areas ◽  
The Difference ◽  
The City ◽  
Current Systems

The study aimed to identify the importance of local and foreign investment in the development of the national economy, determine the extent of the difference between local and foreign investors towards the obstacles they face in investments, reveal the obstacles to domestic and foreign investment in the Kingdom of Saudi Arabia, and identify the most important factors that contribute to finding optimal solutions to these obstacles. And the difficulties, the researcher relied on the use of the descriptive approach, and the target community was determined to consist of all local and foreign investors in the city of Riyadh, where the hypotheses of the study were weak legislation related to competition from legal and technological obstacles to local and foreign investment in Saudi Arabia, not providing that structure from legal and technological obstacles Local and foreign investment in Saudi Arabia, and low transparency and flexibility in the application of these laws are among the regulatory obstacles to local and foreign investment in Saudi Arabia. The results of the study showed weak legislation related to competition, lack of infrastructure for investment projects, low transparency in the application of regulations and the necessary inflexibility when implementing them, and some conflicting Current systems with systems As for foreign investment, the lack of incentives to invest in remote areas, the delay in disbursing dues to government agencies, and the length of customs exemption procedures, the study recommended increasing attention to competition-related legislation, providing the necessary infrastructure for investment projects, interest of government agencies in disbursing dues on time, transparency and flexibility in Applying investment laws and regulations, and providing investment facilities to investors in remote areas.

scholarly journals Screening of Foreign Investments and the Bilateral Investment Treaties of Bangladesh

2021 ◽  
Vol 3 (2) ◽  
pp. 37-53
Author(s):  
Mohammad Belayet Hossain ◽  
Asmah Laili Bt Yeon ◽  
Ahmad Shamsul Bin Abdul Aziz
Keyword(s):  
Significant Role ◽  
Foreign Investment ◽  
Research Method ◽  
Bilateral Investment Treaties ◽  
Host Countries ◽  
Foreign Investments ◽  
Foreign Investors ◽  
Host State ◽  
Investment Treaties ◽  
The Government

Since 1960, about 2852 bilateral investment treaties (BITs) have been signed. Of them, 2298 BITs are in force at present. In the last 61 years, the WTO members failed to conclude a global treaty to regulate FDI in host countries, consequently, the BITs have played a significant role to regulate FDI. As a member of the WTO, Bangladesh has signed 31 BITs so far with various states to allow and increase the inflow of FDI into the country. Bangladeshi foreign investment laws and BITs mainly protect foreign investors. However, neither of them has any specific provision regarding the screening of foreign investments in Bangladesh. Two questions have been addressed in this paper: (a) Do the BITs of Bangladesh allow the host state for screening of foreign investments at the entry stage? (b) Should the screening of FDI be required during the pre-entry stage in Bangladesh? In this paper, a doctrinal research method has been used to critically analyze 15 BITs to explore whether there is any reference for screening of foreign investments in Bangladesh. We find that the existing Bangladesh BITs have provisions to promote and protect foreign investments but have no reference in relation to the screening of foreign investments. Therefore, the author has recommended that the Government of Bangladesh can consider specific provisions for screening of FDI in future BITs.

scholarly journals Does foreign direct investment cause higher levels of productivity or do higher levels of productivity attract foreign direct investment? A study in transforming brazilian industry

2013 ◽  
pp. 82-94
Author(s):  
Nádia Campos Pereira ◽  
Cristina Lelis Leal Calegario ◽  
Ricardo Pereira Reis
Keyword(s):  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
Investment Decision ◽  
Granger Causality Test ◽  
Causality Test ◽  
Foreign Investors ◽  
Investment Projects ◽  
Growth Policy ◽  
Productivity Gains

With this research, it was aimed to investigate the factors that determine the investment decision of foreign investors in the Brazilian industry. Evidence shows that foreign investors are attracted not only by more productive and best performing sectors, but depending on the adopted strategy, they may choose investment projects in sectors that have lower performance levels which offer the potential for growth and the and improvement of efficiency levels and capacity. Granger causality test indicated that not only foreign investment gives more productivity gains, but also this productivity induces more foreign investment inputs. Foreign investors are also attracted by those sectors, which use their assets in an inefficient way in order to generate profits. These sectors may be attractive to foreign investors that want to invest in a more aggressive growth policy in order to get advantages on the availability of inefficiently used assets. These sectors may be also attractive targets to investors who seek to compete directly in relatively less competitive sectors.

Foreign investors' choices in China: going it alone or in partnership?

2002 ◽  
Vol 21 (2) ◽  
pp. 137-150
Author(s):  
Daniel Yan ◽  
Malcolm Warner
Keyword(s):  
Multinational Corporations ◽  
Foreign Investment ◽  
Government Policy ◽  
Management Practices ◽  
Dynamic Approach ◽  
Foreign Investors ◽  
Business Plans ◽  
Indigenous Management ◽  
Human Resource Management Practices ◽  
Mode Of Operation

This article argues that sino-foreign joint ventures (SFJVs) and wholly foreign-owned enterprises (WFOEs) have been influenced by a number of ongoing changes, for example, government policy toward foreign investment, indigenous management practices, human resource management practices and the nature of investment. In its overview of the longitudinal changes in these four areas, it suggests that foreign investors do not necessarily make an either WFOE or SFJV decision when considering their desirable mode of operation in China. Meanwhile, it argues that multinational corporations should take a dynamic approach to constantly re-position themselves as SFJVs in their business plans with respect to the mentioned areas, so as to achieve the best result as China enters the WTO. Finally, this analysis sets out a preliminary ‘Dynamic Positioning Model’ of these two modes of operation in China, which serves as a foundation on which further hypotheses can be built.

Direct Foreign Investment and Economic Development in Latin America: Perspectives for the Future

1989 ◽  
Vol 21 (1-2) ◽  
pp. 221-239 ◽  
Author(s):  
Eva Paus
Keyword(s):  
Economic Growth ◽  
Latin American ◽  
Foreign Investment ◽  
Debt Crisis ◽  
Direct Foreign Investment ◽  
Bank Lending ◽  
Economic Growth And Development ◽  
International Bank ◽  
The Future ◽  
Latin American Countries

Since 1982, most Latin American countries have witnessed slow economic growth and a persistent net transfer of funds to the rest of the world as a result of sharply reduced inflows of private international bank lending and large debt payment obligations. Against this background direct foreign investment (DFI) has received increasing attention as one important element in overcoming the present stagnation-cum-debt crisis as well as in contributing to renewed economic growth. This article explores the possible contributions of DFI to the future economic growth and development of the region.1

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