An Economic Analysis of Bilateral Investment Treaties

An Economic Analysis of Bilateral Investment Treaties
Author: Jan Peter Sasse
Publisher: Springer Science & Business Media
Total Pages: 257
Release: 2011-03-02
Genre: Business & Economics
ISBN: 383496185X

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Bilateral Investment Treaties (BITs) are an important instrument for the protection of foreign direct investment (FDI). However, compared to international trade law, international investment law has so far received only little research attention from an economic point of view. By applying a law and economics approach, Jan Peter Sasse provides a systematic analysis of the way BITs function. He explains why BITs are more than just a signal, how they relate to institutional competition as well as to institutional quality and why transparency in international investment arbitration is hard to achieve and may even be detrimental.

Substantive Protection under Investment Treaties

Substantive Protection under Investment Treaties
Author: Jonathan Bonnitcha
Publisher: Cambridge University Press
Total Pages: 435
Release: 2014-08-14
Genre: Law
ISBN: 1107042410

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This book seeks to determine the level of substantive protection that investment treaties should provide to foreign investment.

A Law-and-Economics Analysis of International Investment Treaties

A Law-and-Economics Analysis of International Investment Treaties
Author: Stephania Bonilla
Publisher:
Total Pages: 31
Release: 2014
Genre:
ISBN:

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The environment, which shapes investment agreements in the developing world, is undergoing noteworthy changes. This paper seeks to highlight and explain these changes through a law-and-economics lens and a focus on Latin America. Our analysis is divided into two main sections. The first section examines the global proliferation of South-South investment flows globally and within the Latin American context in particular. Several studies by UNCTAD have shown that foreign direct investment flows originating from, and going to, developing countries appear to be growing faster than those from developed to developing countries since the late 1990's. We look at a wide range of different South-South investment agreements, including Free Trade Agreements with investment components and Bilateral Investment Treaties. Our central question is to answer whether the same incentives that underlie North-South investment relationships pertain to purely South-South ones. We find that the mainstream rationales that explain North-South investment, such as quot;rationale choice theoryquot; and quot;competing for capitalquot; are also able to explain a significant portion of South-South investment. This is due to the fact that many developing countries are acquiring the same characteristics as their developed counterparts, such as becoming outward investors. Other South-South investment agreements differentiate themselves from North-South ones in the sense that they incorporate development issues as well as attempt to exploit the regions where they might have comparative advantage over Northern investors. The second section of the paper focuses on the different types of investment agreements, which Latin American countries have at their disposal today. We attempt to highlight the differences between the investment options and answer what factors guide the choice for Latin American countries between them. Transaction costs minimization, trade linkage and economies of scale and scope are some of the factors considered to play a role in such decisions. In the face of an increasingly complex and multifaceted investment environment, developing countries need to improve their ability to assess the economic and social implications of choosing one type of investment agreement over another.

The International Law on Foreign Investment

The International Law on Foreign Investment
Author: M. Sornarajah
Publisher: Cambridge University Press
Total Pages: 555
Release: 2010-05-06
Genre: Law
ISBN: 0521763274

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This book is a thought-provoking and authoritative text on this fast moving field of international law.

The Political Economy of the Investment Treaty Regime

The Political Economy of the Investment Treaty Regime
Author: Jonathan Bonnitcha
Publisher: Oxford University Press
Total Pages: 354
Release: 2017
Genre: Business & Economics
ISBN: 019871954X

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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

The Political Economy of the Investment Treaty Regime

The Political Economy of the Investment Treaty Regime
Author: Jonathan Bonnitcha
Publisher: Oxford University Press
Total Pages: 340
Release: 2018-01-26
Genre: Business & Economics
ISBN: 0192529838

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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Foreign Direct Investment and Human Development

Foreign Direct Investment and Human Development
Author: Olivier De Schutter
Publisher: Routledge
Total Pages: 359
Release: 2012-11-27
Genre: Law
ISBN: 1135128065

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This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

International Investment Law

International Investment Law
Author: Hélène Ruiz Fabri
Publisher: Bloomsbury Publishing
Total Pages: 663
Release: 2022-05-19
Genre: Law
ISBN: 1509929061

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Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

Bilateral Investment Treaties

Bilateral Investment Treaties
Author: Kenneth J. Vandevelde
Publisher: Oxford University Press
Total Pages: 3027
Release: 2010-04-08
Genre: Law
ISBN: 0199888140

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Bilateral Investment Treaties: History, Policy, and Interpretation organizes, summarizes and comments upon the arbitral awards interpreting and applying BIT provisions. Policymakers and practitioners will find a thorough introduction to the operation of the BITs, including the principal arguments and case authorities on both sides of the major issues in international investment law. The book is intended to be a single-volume reference covering every important development in the 50 years of BIT programs worldwide, from 1959 until 2009. Author Kenneth Vandevelde argues that the primary purpose of the BITs is to promote the application of the rule of law to foreign investment, while a secondary purpose is to create a liberal investment regime. He further argues that BITs are based on six core principles: reasonableness, security, nondiscrimination, access, transparency and due process. The book explains each of these principles and analyzes the major BIT provisions based on them. Vandevelde addresses the host of complex questions that BITs engender: Do bilateral investment treaties attract foreign investment or otherwise contribute to economic development? Do BITs limit host state regulatory discretion too much? Why should countries continue to conclude BITs? What is meant by BIT guarantees of "fair and equitable treatment" and "full protection and security"? What is the scope of the BIT provision for most-favored-nation treatment? The book's expert analysis of these questions makes it useful to policy makers in the area of international economic relations, attorneys representing multinational companies, and anyone interested in the process of economic globalization.

Shifting Paradigms in International Investment Law

Shifting Paradigms in International Investment Law
Author: Steffen Hindelang
Publisher: Oxford University Press
Total Pages: 497
Release: 2016-01-22
Genre: Law
ISBN: 0191058289

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International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.