Musings on the legal framework for resolution of foreign investment disputes in Nigeria

2020 ◽  
Vol 6 (2) ◽  
pp. 251-259
Author(s):  
Princess Pat Ada Ajudua
Keyword(s):  
Foreign Investment ◽  
Service Providers ◽  
Legal Framework ◽  
Professional Service ◽  
Foreign Investments ◽  
Business Interests ◽  
Trade Dispute ◽  
Investment Arbitration ◽  
The Stability ◽  
Dispute Resolution Mechanism

Resolution of dispute arising from foreign investments in Nigeria is achieved through non-judicial and judicial mechanisms, otherwise known as arbitration and litigation in courts. Foreign investors are expected to seek redress using one of the aforementioned mechanisms. Although the principles of public international law seem to be in contention with the business interests of an investor and the host country, there has been a rapid growth and development in investment arbitration as a trade dispute resolution mechanism in the past years, and the courts in Nigeria, through her decisions, have made pronouncements regarding the disputes from foreign investments. Consequent to this, it has become critically important for investors, solicitors, professional service providers and trainers, to understand the intricate legal elements involved in the resolution of disputes involving foreign investment. This study examines the legal framework for resolution of foreign investment disputes in Nigeria. Concepts such as nationalisation and expropriation of foreign investments, stability clauses and foreign investment disputes, renegotiating and the stability of contractual agreement as well as legal infrastructure were discussed and fully analysed.

The Relationship between Allegations of Economic Crimes in Foreign Investments and the Adjudicative Power of Investor–State Tribunals

2020 ◽  
Author(s):  
Dr Despina Christofi
Keyword(s):  
Public Policy ◽  
Money Laundering ◽  
Legal Framework ◽  
Economic Crime ◽  
Foreign Investments ◽  
Investment Arbitration ◽  
The One ◽  
The Relationship ◽  
Economic Crimes ◽  
Power And Authority

Abstract The article falls within the broad areas of investment and financial law and, in particular, it focuses on various challenges that emerge from allegations of economic crime in investor–State arbitration. In particular, what is examined is how the adjudicative power and authority of investor–State tribunals is affected by alleged investors’ economic crimes. The two examples of economic crimes discussed are money laundering and corruption, due to their growing prominence in the field of investment arbitration. The existing legal framework regarding corruption and money laundering at international and multinational levels is analysed first, as arbitrators should base their decisions on it when they face an allegation of the two aforementioned economic crimes. Afterwards, the article identifies and evaluates three possible options for arbitrators: first, to deny jurisdiction over the particular dispute; second, to refer to relevant principles of international public policy; and, third, to apply the mandatory provisions of a law other than the one applicable in the particular dispute. After critically analysing each of the three options, the article concludes with some suggestions on how arbitrators should deal with alleged cases of economic crime, and, further, how bilateral and multilateral investment treaties could be adjusted so as to tackle this evolving problem.

International Aspects of Investment Liberalization in the PRC: A Case of EU-China Cooperation

2021 ◽  
Vol 13 (3) ◽  
pp. 190-224
Author(s):  
D. A. Potapov
Keyword(s):  
Foreign Investment ◽  
World Order ◽  
Special Focus ◽  
The European Union ◽  
Human Right ◽  
Foreign Investments ◽  
Eu Member States ◽  
International Aspects ◽  
The Eu

The paper examines the role of investment cooperation and national foreign investment regime as a means to promote China’s economic and political interests and to respond to new global challenges that the country faces nowadays. To this end, the author examines the main stages of China’s liberalization of the legal regime for foreign investment from the end of the 1970s with a special focus on a new foreign investment law. In doing so the author attempts to link the evolution of investment regulation in the PRC with the dynamics of international relations development and the changing role of China as a regional and global actor. The author emphasizes that a trend towards the emergence of a polycentric world order not only provokes the rise of international tensions but also provides new incentives to promote dialogue and enhance cooperation between states and non-governmental actors, particularly by encouraging foreign investments. At the same time, there is a growing need to improve regulatory mechanisms for direct foreign investments. All these contradictory trends have directly affected China’s foreign investment regime reform. In this context the investment cooperation between the PRC and the European Union is of particular importance. The EU possesses a set of innovative technological solutions and competencies that are of particular interest to the Chinese leaders in the context of their efforts to modernize the country’s economy. The paper examines the volume, dynamics and key directions of investment flows between China and the EU member-states. The fact that after seven years of difficult negotiations, the EU and China managed to develop a special bilateral regulatory mechanism — EU-China Comprehensive Agreement on Investment — underscores again the importance of this cooperation for both parties. Even though the EU has suspended the ratification of this deal on the pretext of human right violations in the Xinjiang Uygur Autonomous Region, the author concludes, that in the future this agreement will come into force, since the very logic of the emerging polycentric world order urges for deeper cooperation between the EU and China. In this context, the investment regulation appears not only as a means to protect the Chinese economic interests, but also as an instrument to strengthen China’s international positions in the changing global context.

Towards an EU research framework on forensic psychiatric care: Introduction, structure, activities and results of cost action Is1302

2017 ◽  
Vol 41 (S1) ◽  
pp. S584-S584
Author(s):  
L. Castelletti ◽  
F. Scarpa
Keyword(s):  
Best Practice ◽  
Psychiatric Care ◽  
Service Providers ◽  
Psychiatric Symptoms ◽  
Legal Framework ◽  
Mentally Ill Offenders ◽  
Mentally Disordered Offenders ◽  
Cost Action ◽  
Forensic Psychiatric

IntroductionForensic psychiatric care is aimed at improving mental health and reducing the risk of recidivism of mentally ill offenders. For some mentally disordered offenders long forensic psychiatric care is required. Due to different legal framework, policies and resources in member countries, treatment programs and care provided for these subjects may vary substantially across Europe.ObjectivesCOST Action IS1302, a EU project aimed at establishing a European network of researchers, clinicians and service providers about long-term forensic psychiatric care, has involved nineteen European countries for 2013 to set the basis for comparative evaluation and research on effective treatment and the development of best practice in long-term forensic psychiatry in Europe.MethodIt is constituted by three main areas of interest and research. One group works on determination of patient characteristics, looking into prevalence, duration of stay and the most determinant characteristics of long term patients. The second area of research aims at obtaining better understanding of complex external factors that influence the poor progress of patients residing for an above average time in forensic services. Third group of research focuses on knowledge about specific needs brought about by psychiatric symptoms and how these specific needs might optimize the quality of life of patients in long term forensic psychiatric care.Results/conclusionsLaunched four years ago, the action is at its last of activities. We display features, activities and data emerging from the research conducted so far.Disclosure of interestThe authors have not supplied their declaration of competing interest.

scholarly journals Methods of Attracting Foreign Investments to the National Economy

2021 ◽  
Vol 07 (10) ◽  
Author(s):  
Nilufar Dilmurod qizi Zikirullaeva ◽  
Keyword(s):  
Foreign Investment ◽  
National Economy ◽  
Foreign Investments ◽  
World Community ◽  
Dynamic Development ◽  
The World ◽  
Modern Level ◽  
Investment Object

The implementation of innovative processes at the modern level and the dynamic development of the national economy on this basis today are impossible without the intensive attraction of foreign investment. The volume of foreign investment is one of the indicators characterizing the degree of integration of the country into the world community and depends on the attractiveness of the investment object. The following article is devoted to the ways of attracting foreign investment in the national economy.

scholarly journals THE PROBLEMS OF BRINGING RUSSIAN TRADE POLICY IN LINE WITH WTO REQUIREMENTS

2013 ◽  
pp. 146-152
Author(s):  
M. A. Petrova
Keyword(s):  
Trade Policy ◽  
Automotive Industry ◽  
New Technologies ◽  
Full Range ◽  
Economic Security ◽  
The European Union ◽  
Trade Dispute ◽  
National Economic ◽  
The Stability ◽  
Economic Zones

The article analyzes the role of trade policy in ensuring the competitiveness of the automotive industry – one of the most sensitive to the changes of economic conditions and important for providing national economic security – and finding a balance between the need to regulate the internal market and the implementation of the commitments under WTO. The analyze of the current condition of the Russian automotive industry has shown that, despite the low share in the world production and exports, Russia has a great potential for growth, mainly due to the unsaturated domestic market. It is proved, that the development of the automotive industry as one of the innovative industries in the country has all the necessary terms. Moreover, the priority areas for the development of the automotive industry include, first of all, the creation of a full range production with foreign investment. Measures of attracting and regulating FDI received much attention due to their relationship with the instruments of trade policy, as the production of capital goods, particularly automobiles, require imports of components, and FDI, in turn, promote the export of finished products. The commitments taken by Russia in the automotive industry include reduction of duties on imported cars, the renegotiation of investment programs and rules for the functioning of special economic zones. At present, the most acute question is car recycling tax, which has led to a trade dispute with the European Union, and may lead to countervailing measures against Russian goods. Considering WTO rules, recommendations on the use of the most effective instruments of foreign policy, aimed at improving the competitiveness of the Russian automotive industry, were made, including the rationalization of import and the attraction of new technologies due to the diversification of customs duties on certain groups of automotive components, lowering income taxes, a gradual decrease of the fiscal functions of the customs tariff; the stability and transparency of the instruments of trade policy and simplification of customs procedures.

scholarly journals Diversification, Branding, and Performance of Professional Service Firms

2018 ◽  
Vol 21 (3) ◽  
pp. 353-364 ◽  
Author(s):  
Carolina Castaldi ◽  
Marco S. Giarratana
Keyword(s):  
Service Providers ◽  
Professional Service ◽  
Panel Regression ◽  
Service Firms ◽  
Professional Service Firms ◽  
Specific Product ◽  
The Core ◽  
Time Period ◽  
Consulting Firms ◽  
And Performance

This article analyzes the effects of diversification and brand breadth on firm performance for professional service firms (PSFs). The research aim is two-fold. First, we test whether moving into products may put at risk the core resources that sustain PSFs’ competitive advantage. Second, we study which branding strategies best match their diversification attempts. Broad (narrow) brands characterize a branding strategy with scarce (plentiful) associations to specific product characteristics. We analyzed trademark portfolios of 47 U.S.-based management consulting firms in the 2000 to 2009 time period. Panel regression results suggest that (1) PSFs always benefit from diversification when they remain pure-service providers; (2) performance is positively related to a strategy of specialized narrow brands.

The Commercial Fourth Estate in the 2014–2019 Election Campaigns

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Katia Mihailova ◽  
Keyword(s):  
New Media ◽  
Service Providers ◽  
Research Question ◽  
Legal Framework ◽  
Local Elections ◽  
Election Campaigns ◽  
European Elections ◽  
Fourth Estate ◽  
Main Research ◽  
The Media

The paper presents results of media monitoring during the election campaigns held in Bulgaria between 2014 and 2019 – after the adoption of the new Electoral Code in 2014 until the last local elections in 2019. The main research question is to what extent the media as mediators in the election campaigns know, respect and comply with the legal regulations concerning their activities during such campaigns. The results outline the models of legal socialization of the Fourth Estate in the election campaigns. They also show patterns of compliance and violation of the legal framework. In addition, they reflect the way in which the media work to change the regulations in question. The research sample included between 117 and 180 media service providers in various election campaigns. There were representatives of all media subfields – traditional media, new media, yellow media, brown media, Prokopiev’s media, Peevski’s media, as well as Russian and American “propaganda media”. The period of research includes almost two full election cycles ‒ two parliamentary elections, two European elections, two local elections, and one presidential election which was held after the clear definition of the legal framework for media in the 2014 Electoral Code. No changes were made to this framework during the study and prior to the publication of this paper. This leads to conclusions regarding the electoral legislation and the regulation of the media system in the electoral process.

The legal guarantees to protect foreign investment in Jordan

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mohamad Ali Helalat
Keyword(s):  
Host Country ◽  
Foreign Investment ◽  
Design Methodology ◽  
Foreign Investor ◽  
Foreign Investments ◽  
Content Type ◽  
Legal Principles ◽  
Bilateral Agreements ◽  
The Status ◽  
Investment System

Purpose This paper aims to indicate that the foreign investment system in Jordan includes many provisions that create an appropriate environment for encouraging foreign investments and grant a distinctive treatment for the foreign investor that allows them the status equal to the national investor. Design/methodology/approach This study deals with the protection provided by the Jordan Government for foreign investments to attract foreign investment by studying the guarantees given by Jordan including many legal principles that encourage investment. The legal guarantees for the foreign investor enhance the confidence of the foreign investor in the host country. Findings The system provides a lot of guarantees with respect to non-commercial risks to which the foreign investor may be exposed. Originality/value The paper also clarifies that the role played by bilateral agreements in the field of investments, as these agreements give foreign investments a measure of protection through the guarantees and they are considered as incentives for the investor.

Knowledge Management in Professional Service Firms

2011 ◽  
pp. 1841-1850
Author(s):  
Dieter Fink ◽  
Georg Disterer
Keyword(s):  
Knowledge Management ◽  
Service Providers ◽  
High Potential ◽  
Professional Service ◽  
Service Firms ◽  
Professional Service Firms ◽  
Professional Groups ◽  
Capacity To Act ◽  
Market Pressures ◽  
War For Talent

For professional service firms, such as consultants, accountants, lawyers, architects, and engineers, knowledge is a capacity to act. Knowledge can be used to take action and to serve the client. As market pressures increase, so does the demand for securing and exploiting knowledge for the firm. In addition, a shortage of high-potential professional service providers has increased the ‘war for talent’ in which firms compete in employing the most talented professionals. These situations are exacerbated by the decrease in lifelong loyalty, a traditional value within professional groups, and the departure and retirement of professionals, often the most experienced ones.

Gaining insights into why professionals continue or abandon pro bono service

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Paul G. Patterson ◽  
Janet R. McColl-Kennedy ◽  
Jenny (Jiyeon) Lee ◽  
Michael K. Brady
Keyword(s):  
Empirical Study ◽  
Conceptual Model ◽  
Service Providers ◽  
Institutional Logics ◽  
Professional Service ◽  
Purchase Behavior ◽  
Behavior Model ◽  
Content Type ◽  
Pro Bono ◽  
Personal Recognition

Purpose The purpose of this study is to empirically examine the personal/situational and business factors that encourage or discourage pro bono service of professionals based on the theory of institutional logics framework and the extended purchase behavior model. Design/methodology/approach This paper collected the data using a mixed-method approach: 30 qualitative interviews and 443 cross-sectional surveys from professional service providers across industries. The constructs of interest were measured with the scales compiled from the literature, industry reports and the preliminary interviews. Findings The results highlight emotional value derived from personal/situational factors (intrinsic motivation, personal recognition, philanthropic disposition and lack of appreciation) drove professionals’ intentions to continue to undertake pro bono work. While employer encouragement motivated professionals to engage in pro bono service, the prospect of gaining business opportunities and time constraints discouraged this important practice. Research limitations/implications While there has been considerable empirical study undertaken on charitable behavior, little attention has been given to this form of giving (pro bono work by service professionals). Overall, the results show that personal satisfaction with and feeling good about the study undertaken are required for continuation. Professionals who are intrinsically motivated, philanthropic-natured and properly-acknowledged through positive feedback and recognition tend to experience positive feelings that engender their good intentions to help the underprivileged, those in need and society more generally. The findings thus complement and extend the academic and industry literature on charitable giving. Practical implications This research identifies the drivers of service professionals’ continuation of pro bono work that the third sector relies heavily on its sustainability. As the study findings suggesting the importance of personal recognition, nonprofit organizations should demonstrate genuine gratitude and recognition of these professionals so that they continue to give their services pro bono. Originality/value The research is the first empirical study to develop a conceptual model that delineates the drivers and/or barriers to professionals continuing pro bono service. Unlike the previous study lacking a theoretical basis, this paper proposed and tested the conceptual model derived from the institutional logics framework and the extended purchase behavior model.

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