scholarly journals Perlindungan Investor Asing Dalam Kegiatan Penanaman Modal Asing Dan Implikasinya Terhadap Negara

2018 ◽  
Vol 2 (2) ◽  
pp. 127
Author(s):  
Agung Sujati Winata
Keyword(s):  
Foreign Investment ◽  
Legal Protection ◽  
Descriptive Study ◽  
The State ◽  
Foreign Investors ◽  
Investment Law

Legal protection provided by the state to investors is one of the considerations for foreign investors before investing in a country. This study aims to find out and analyze the legal protection of foreign investment in Indonesian law and implications itself. This research is a descriptive study, which analyzes and describes systematically, factually, and accurately the provisions relating to legal protection against foreign investment in Indonesia. Based on the results of the study, it is known that legal protection against foreign investment in Indonesian law is regulated in the Investment Law. This law has provided adequate protection for foreign investors for a variety of risks including non-commercial risks in foreign investment in Indonesia. Providing the widest opportunity for foreign investors to invest their capital in Indonesia has encouraged many foreign investors to invest in Indonesia.Keywords: Investor, Investment, Legal Protection.

scholarly journals Beyond Protection: The Role of the Home State in Modern Foreign Investment Law

2021 ◽  
pp. 19-36
Author(s):  
Tarcisio Gazzini
Keyword(s):  
Foreign Investment ◽  
International Community ◽  
The State ◽  
Foreign Investors ◽  
Home State ◽  
Legal Fiction ◽  
Diplomatic Protection ◽  
Investment Law ◽  
The Way

AbstractThe chapter examines the evolution of the role of the home state in foreign investment law. Traditionally, such a role was essentially limited to norm-setting and protecting nationals and national companies abroad. Protection was typically offered through diplomatic protection, which was based on the legal fiction that the state was vindicating its own right. The conclusion of modern investment treaties, the progressive emancipation of foreign investors and the development of investor-state arbitration meant a marginalisation of the home state. Some recent treaties, however, have paved the way for a new role for the home state that goes well beyond protection of its nationals and national companies. Innovative provisions have introduced obligations and responsibilities for the home state, especially with regard to the fight against corruption and the liability of its own investors. It remains to be seen to which extent these provisions will spread across the international community of states.

Qatar and Prospects of Foreign Investment from a Developing Legal Perspective

2020 ◽  
pp. 1-13
Author(s):  
Faten Hawa
Keyword(s):  
Foreign Investment ◽  
The State ◽  
Foreign Investor ◽  
Foreign Investors ◽  
Legal Perspective ◽  
Investment Law ◽  
The Law

Abstract The current research focuses on the most important features of the Foreign Investment Law of 2019 in the State of Qatar, including guarantees and incentives for foreign investors. These include customs, tax, financial and investment advantages and exemptions, in addition to protection for the foreign investor from non-commercial risks that may be caused by his investment in the country. This research reached a number of conclusions and made recommendations that focus on strengthening as well as enforcing incentives and guarantees based on the Executive Regulation of the Law. These guarantees, along with some proposed recommendations, will be issued shortly, making the enforcement law a real and attractive element for foreign investment.

scholarly journals The Justification of Privilege in International Investment Law: Preferential Treatment of Foreign Investors as a Problem of Legitimacy

2020 ◽  
Vol 31 (1) ◽  
pp. 289-312
Author(s):  
Ivar Alvik
Keyword(s):  
Foreign Investment ◽  
Legal Protection ◽  
International Investment ◽  
Special Treatment ◽  
Minimum Standard ◽  
Foreign Investors ◽  
International Investment Law ◽  
Select Group ◽  
Municipal Law ◽  
Investment Law

Abstract A fundamental feature of international investment law is that it only applies to foreign investment. This has historical reasons and is connected to deep-rooted principles of international law. It has also been a historical cause of controversy because it requires states to treat foreign investors better than they treat their own nationals. This article shows how the international minimum standard for treatment of foreigners nevertheless developed in a dialogue with such a concern for equality. The article argues that the way in which international investment law has developed in recent years into an effective remedial mechanism that can be invoked by individual foreign investors against host states ignores this historical lesson and now poses a particular challenge to its legitimacy. It privileges foreign investors as a select group worthy of more effective legal protection than ordinarily provided under municipal law, challenging the ideal of equality before the law as a basic constitutional value. The article discusses possible justifications of such privilege, arguing that only a more traditional international minimum standard rationale provides a convincing justification of special treatment of foreign investment. This has important implications for the reform of the current investment regime, suggesting that it should be redesigned to adopt a more supplementary role and deferential attitude to domestic law and courts – for example, through a requirement to exhaust local remedies.

Sources of International Investment Law

2018 ◽  
Author(s):  
Jorge E. Viñuales
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
International Investment ◽  
The State ◽  
Conventional Theory ◽  
International Investment Law ◽  
Basic Understanding ◽  
Investment Law ◽  
Practical Implications

This chapter addresses the challenges posed by the practice of international investment law to the conventional theory of the sources of international law. After a brief overview of the main ‘sources’ of ‘international investment law’, the chapter examines three challenges to this basic understanding, which arise from the need to account for the domestic laws governing different aspects of foreign investment transactions, the detailed jurisprudential norms generated by investment tribunals to specify broadly formulated norms, and the norms of general international law expressing the sovereignty of the State. For each category of norms, the chapter selects several problems that put the most widely accepted understanding of the sources of international law to test. It then explains why the problems examined have potentially important practical implications. The chapter concludes with some observations on the interactions between practice and the theory of the sources of international law.

scholarly journals KEDUDUKAN HUKUM PERUSAHAAN BENTUK USAHA TETAP (PERMANENT ESTABLISHMENT) DALAM DIMENSI HUKUM PENANAMAN MODAL DI INDONESIA

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Putu Ratih Prabandari
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Legal Protection ◽  
Legal Certainty ◽  
Permanent Establishment ◽  
Legal Position ◽  
Investment Law ◽  
Rights And Interests ◽  
The Government

Companies with a permanent establishment is a form of a business carried on in Indonesia, carried out either by an individual or entity whose establishment was not done in Indonesia. The company with a permanent establishment differences with the concept of establishment permitted by the Investment Act. Starting from the concept, which raised the question of how the legal position of the company with a permanent establishment in the perspective of the Investment Law. The general objective of this study is an attempt to develop jurisprudence in relation to the company's legal position with a permanent establishment under the Investment Law. This normative research method, to examine the books and legal materials related to the issue under study. Companies with a permanent establishment in Indonesia is foreign investment, it is appropriate for the government is required to provide legal protection to the investors, including protecting the rights and interests of investors in investing in Indonesia. In order for them to get their rights in accordance with the laws mandated, so the investment law are expected to protect the interests of the parties who invest either directly or indirectly involved in Indonesia. Guarantee legal certainty to investors, so the investment is economically capable of generating profits for investors.

scholarly journals China’s New Foreign Investment Law

Amicus Curiae ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 79-94
Author(s):  
Zhang Xiaoyang
Keyword(s):  
Foreign Investment ◽  
Legal Framework ◽  
Foreseeable Future ◽  
Foreign Investors ◽  
Domestic Firms ◽  
Playing Field ◽  
Market Opening ◽  
Investment Law ◽  
Opening Up

China’s legal framework for governing foreign investment has recently been considerably streamlined in comparison to its former self. The newly promulgated Foreign Investment Law of the People’s Republic tends to level the investment playing field in the country so that foreign investors can no longer enjoy significant privileges that have been unavailable to domestic firms and entrepreneurs. Operating a relatively nondiscriminatory mechanism, such as has been introduced, will in practice mean reliance on a negative list approach to confine inflows of overseas capital to specifically identify sensitive sectors. As China has committed its market to opening up on a much grander scale in the foreseeable future, the new foreign investment regime and accompanying ideology may not necessarily deter foreign investors from looking for opportunities in the foreseeable future. Keywords: China; foreign investment; negative list; market opening-up

Reform will improve foreign firms’ treatment in China

2020 ◽  
Keyword(s):  
Foreign Investment ◽  
Structural Changes ◽  
The United States ◽  
Foreign Firms ◽  
Foreign Investors ◽  
Content Type ◽  
Playing Field ◽  
Investment Law ◽  
The Law ◽  
Over Time

Subject Reform of China's foreign investment law. Significance The new Foreign Investment Law that took effect on January 1 is a response to a slowing economy and pressure from other governments, particularly the United States, to ‘level the playing field’ for foreign investors. Impacts There will not be a flood of new investment as a result of the law, but it will make a difference over time. Companies will have five years to prepare for structural changes as rules specific to foreign-invested companies disappear. The regulations contain few specifics on enforcement, indicating that Beijing is not yet ready to give teeth to the law.

China investment policy – ensuring the mice will be caught

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ian K. Lewis ◽  
Mirror Zhou ◽  
Elfie J.Y. Wang
Keyword(s):  
Foreign Investment ◽  
Central Government ◽  
The State ◽  
Equal Treatment ◽  
Content Type ◽  
The Us ◽  
Investment Law ◽  
Key Industries ◽  
Corporate Lawyers ◽  
To Receive

Purpose This article analyses China’s attempts at economic revival, which, starting with the Foreign Investment Law, were under way before COVID-19 but which were given extra impetus by the onset of the pandemic. Design/methodology/approach The thought is that the Foreign Investment Law lacks detail, so this article looks at the three ideas with which the State Council is seeking to underpin it: key Industries, promoting investment and equal treatment. It also considers Shanghai’s experience as the first major municipality to implement the State Council’s guidance. Findings China is committed to more transparency and to opening more of its economy to foreign investors, even if it will continue to be selective about which industries it wishes to encourage. The central government wants other regional and local jurisdictions to follow Shanghai’s lead and implement its guidance, as well as bring forward more measures to make the environment more favorable for foreign investment. At the same time, the article notes that China faces some hostility from other nations and groupings, such as the US, UK and the EU, from which it would expect to receive investment. Practical implications Investors can expect more specific reforms in the different areas of the economy that China wishes to develop while recognizing that it needs foreign expertise to do so. Originality/value Insight from experienced corporate lawyers who are resident in China and have first-hand experience of the measures aimed at economic recovery.

scholarly journals LEGAL PROTECTION FOR FOREIGN INVESTMENT IN THE MINERAL AND COAL MINING SECTOR IN INDONESIA

2021 ◽  
Vol 12 (2) ◽  
pp. 102-114
Author(s):  
Vania Shafira Yuniar
Keyword(s):  
Coal Mining ◽  
Foreign Investment ◽  
National Economy ◽  
Legal Protection ◽  
Literature Study ◽  
Legal Research ◽  
Mining Sector ◽  
Foreign Investors ◽  
Study Approach ◽  
The Government

One of the indicators of Indonesia's economic development is investors. Investors are actors who have a role to empower and manage potential resources to serve as the country's economic strength. Mineral and coal mining plays an important role in the national economy and has great potential in the development of the national economy. The purpose of this research is to determine and analyze about legal protection for foreign investment in the mineral and coal mining sector in Indonesia. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results of this study indicate that the regulations related to foreign investment in the mining sector still use Law Number 25 of 2007 concerning Investment and Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining which are considered by the Government as a basic regulation that is still in accordance with current conditions in Indonesia regarding investment and mining of minerals and coal. Therefore, special arrangements are needed related to foreign investment in the mining sector, because the existing laws and regulations are unable to explain in detail the aspirations and needs of foreign investors in implementing cooperation contracts in mineral and coal mining activities.

8 Arbitration under Investment Treaties

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Foreign Investment ◽  
International Investment ◽  
The State ◽  
Bilateral Investment Treaties ◽  
Arbitration Process ◽  
Investment Agreement ◽  
Investment Law ◽  
Investment Treaties ◽  
Bilateral Treaties ◽  
Dramatic Growth

This chapter describes the arbitration process under international investment treaties, in particular under the Washington Convention of 1965. This Convention aimed primarily to create a new arbitral forum for the resolution of disputes between investors and states by means of the inclusion of arbitration clauses in state contracts. The travaux préparatoires of the Convention also made clear that the consent of the state to arbitration could be established through the provisions of an investment law, which prompted many states to develop a programme of bilateral treaties for the promotion and protection of investments, so-called bilateral investment treaties (BITs), which set out protections in favour of foreign investment. The dramatic growth of BITs since the mid-1980s has led to the adoption of similar provisions in the ‘investment chapters’, or collateral agreements, to multilateral economic cooperation treaties, such as the Association of Southeast Asian Nations (ASEAN) Comprehensive Investment Agreement.

Sign in / Sign up

Export Citation Format

Share Document