4. The Impact of Foreign Investor Protections on Domestic Inequality

1998 ◽  
Vol 30 (1) ◽  
pp. 161-179 ◽  
Author(s):  
R J Stimson ◽  
O H Jenkins ◽  
B H Roberts ◽  
M T Daly

Foreign investment has played a major role in the development of tourism in the Cairns-Far North Queensland region of Australia, one of the nation's most internationalised regional economies. As the owner of a significant number of hotels and tourism operations, the Daikyo Corporation from Japan is the major foreign player, contributing substantially to employment and regional production. In this paper we use input-output analysis to estimate the contribution of Daikyo to the regional economy, which is shown to be positive and considerably greater in its export-to-import ratio effects, than is the case for the total industry sectors.


2019 ◽  
Vol 10 (3) ◽  
pp. 99
Author(s):  
Yohan An

This study examines the impact of foreign investors on earnings quality in emerging capital market using Korean manufacturing firms’ panel data set, regarding competing for international investment and business opportunities during the period 2000 to 2012. This paper tests earnings quality using four proxies based on the International Financial Reporting Standards: 1) persistence, 2) value relevance, 3) conservatism, and 4) accruals quality. This research finds foreign investor is positively associated with only user needs earnings quality; persistence and value relevance. This result shows that the positive impact of foreign investor on earnings quality is evident but limited.


Author(s):  
Gus Van Harten

In this chapter, foreign investor protections are introduced as a symbol and guarantor of global inequality. Backed by the most powerful adjudicative mechanism in international law, these protections benefit 255,000 people whose combined wealth exceeds that of 80 per cent of the world’s adult population, about four billion people. They lead one to ask if the one hundred companies responsible for most industrial greenhouse gas emissions, for example, are so vulnerable or helpful to others as to deserve extraordinary international protection. Commonplace arguments in favour of investor–state dispute settlement (ISDS) are surveyed and criticized. The promotional role of the ISDS industry of arbitrators, lawyers, and experts, for which ISDS has generated to billions in fees, is also highlighted, focusing on arbitrators whose pro-investor interpretations laid a foundation for the explosion of ISDS.


2012 ◽  
Vol 11 (2) ◽  
pp. 281-323 ◽  
Author(s):  
Stephan W. Schill

Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but also dealt with the effect of illegality in the absence of such clauses. The present article traces this increasingly complex jurisprudence and frames it as an issue of the relationship between domestic law and international investment law. Although different approaches exist, most importantly as to the effect of domestic illegality on the jurisdiction of investment treaty tribunals, the article suggests that there is considerable potential for convergence in arbitral jurisprudence, thus unveiling the contours of a doctrinal structure for dealing with illegal investments in international investment law and arbitration.


2020 ◽  
Vol 21 (1) ◽  
Author(s):  
Ahmad Cahyo Nugroho ◽  
Dedi Febrianto ◽  
AviaEnggar Tyasti ◽  
Christian Kuswibowo

Author(s):  
Nicolás M. Perrone

The long 1970s was a difficult time for those promoting investment treaties and ISDS. OECD members had not adopted a multilateral convention, and the Global South was demanding a change in the rules of the game. The norm entrepreneurs’ self-confidence was decreasing. In this challenging context, the International Chamber of Commerce took the initiative and put forward a conception of foreign investor obligations consistent with investment treaties and ISDS. This move conceded little to the Global South: the best companions to strong foreign investor rights are weak or even voluntary investor obligations. For a while the outcome was uncertain, as different imaginations competed for the space of international investment law. This chapter examines some of these competitors, including the 1974 UN report on the impact of MNCs, the US position on the topic, and the 1974 UN Charter of Economic Rights and Duties of States.


Author(s):  
Gus Van Harten

In this chapter, it is argued that removing foreign investor protections is a feasible and important step to re-invigorate the institutions needed to confront pressing concerns of humanity. By limiting government capacity to employ the policy levers recommended by scientists to protect society from climate-related damage, for example, investor–state dispute settlement (ISDS) hampers state action to confront a global emergency. Reform efforts in Europe, North America, and developing or transition countries are surveyed, and the deleterious role of the ISDS industry is revisited. Countries are encouraged to terminate their ISDS treaties to bolster their position in relation to ISDS reform. If ISDS continues to expand, however, a foreseeable outcome is that it will ultimately play a role in the collapse of society.


2005 ◽  
Vol 6 (1) ◽  
pp. 95-110
Author(s):  
Chinmay Pattnaik

This study examines the impact of corporate governance and firm characteristics on corporate restructuring in Korea after the economic crisis. We specifically analyze factors that had a bearing on corporate restructuring following the sudden economic downturn. In particular, we examine the impact of firm characteristics such as leverage levels and prior performance, together with ownership structure like insider block-holding ownership, foreign investor ownership, and institutional investor ownership on the extent of asset sales. The empirical results show that firm characteristics such as high prior performance have a negative impact on asset sales while high leverage has a positive impact. In the ownership structure, insider block holding and foreign investor ownership have negative impacts on asset sales.


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