Legal aspects of foreign direct investment

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Title:

Author:

Escher, Alfred.

ISBN:

9789041112149

Publication Information:

The Hague ; Boston : Kluwer Law International, c1999.

Physical Description:

xxi, 616 p. ; 25 cm.

Contents:

Foreword / Dean Claudio Grossman -- Joint Introduction / Daniel D. Bradlow and Alfred Escher -- Pt. A. Foreign Direct Investment (FDI) / Alfred Escher. 1. Current Developments, Legal Challenges and Definition of FDI. 2. Legal Issues for National Policy Makers. 3. Legal Issues for Foreign Investors. 4. Principles and Questions of the Emerging Global Law on FDI. 5. The Multilateral Investment Treaty -- App. Addresses of Selected International Organisations and Institutions -- Pt. B. The Emerging International Law on FDI and Related Areas. 1. The World Bank Guidelines on the Treatment of Foreign Direct Investment / Sabine Schlemmer-Schulte. 2. Bilateral and Multilateral Investment Treaties / Teresa McGhie. 3. Worker Rights and Foreign Direct Investment / Jerome I. Levinson. 4. International Environmental Law and Foreign Direct Investment / David Hunter and Steve Porter. 5. FDI and International Protection of Intellectual Property / Ingo Selting.

App. Intellectual Property Organisations. 6. Institutional Strengthening of Public Sector Procurement / Enzo de Laurentiis -- Pt. C. Legal and Financial Framework of Promoting FDI in Capital-Importing and Capital-Exporting Countries. 1. Asia. China / Yi Li. India / Samir S. Desai. Thailand / Nicolas H. Moller. 2. Africa. Nigeria / Anthony Tejuoso and S. Sobowale. South Africa / Daniel D. Bradlow. 3. Central and Latin America. Colombia / Carlos Acevedo. Mexico / Adriana Soltero La Valley. Panama / Salvatore Bacile. 4. Europe. Belarus / Alexander Vashkevich and Pavel Shevtsov. Germany / Winfried A. Adam.

Subject Term:

Investments, Foreign -- Law and legislation.

Added Author:

Escher, Alfred.

Bradlow, Daniel D.

Copies:

Available:*

Library	Material Type	Item Barcode	Shelf Number	Copy	Status
Searching... 1:IIEMSA	1:GEN-BOOK	33168015687201	346.092 B811L 1999	1	Searching... Unknown

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Summary

Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled businesses as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources. Consequently, it is always changing. The various actors involved, including transnational corporations, local companies, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors or their local counterparts and financial intermediaries, each follow their own interests. By its nature, FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators.

Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires an ongoing learning process for all who wish to understand and successfully manage foreign investment transactions.

All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. The authors of this book are all concerned with FDI as either academics or practicioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts:

first, a general introduction on FDI by Dr. Escher; next, an analysis on the emerging international law on FDI and related areas; and finally, an overview of FDI law in a variety of countries in Asia, Africa, Latin-America, and Europe.