Performance Requirements and Investment Incentives Under International Economic Law

Performance Requirements and Investment Incentives Under International Economic Law
Author: David Collins
Publisher: Edward Elgar Publishing
Total Pages: 281
Release: 2015-12-18
Genre: Business & Economics
ISBN: 1784712043

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In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.

Performance Requirement Prohibitions in International Investment Law

Performance Requirement Prohibitions in International Investment Law
Author: Alexandre Genest
Publisher: BRILL
Total Pages: 288
Release: 2019-09-16
Genre: Law
ISBN: 9004392106

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In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.

Legality of Investment Incentives. Legal Framework related to Incentives

Legality of Investment Incentives. Legal Framework related to Incentives
Author: Mbonigaba
Publisher: GRIN Verlag
Total Pages: 110
Release: 2023-06-27
Genre: Business & Economics
ISBN: 3346897680

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Academic Paper from the year 2023 in the subject Business economics - Law, grade: A, INES Ruhengeri Institute of Applied Science, language: English, abstract: This study examines whether or not investment incentives are lawful under international law. In contrast with the mainstream literature, this study asserts that investment incentives are neither always efficient nor lawful. The study indicates that the legality of investment incentives depends on how they are used. They will be lawful if they comply with the principle of national treatment and MFN treatment; and will be unlawful if they violate those principles, especially if they benefit domestic investors over foreign investors or if they benefit investors of some countries over investors of other countries. Furthermore, performance requirements may be a test for the legality of investment incentives as host states are not free to impose any kind of performance requirements to the investors, as a condition to accord them incentives. Countries that are members of WTO are not allowed to use performance requirements which are prohibited by TRIMs Agreement like local content requirements, trade balancing requirements and export control requirements.

Investment Incentives and Performance Requirements

Investment Incentives and Performance Requirements
Author: Stephen E. Guisinger
Publisher: Praeger Publishers
Total Pages: 336
Release: 1985-04-01
Genre: Business & Economics
ISBN: 9780275901103

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This book covers the policies of governments and countries toward direct foreign investment in both developed and developing countries. A team of consultants to the World Bank addresses three broad questions regarding foreign investment: Do countries compete for foreign investment? Are host country incentives effective in attracting foreign investment? Do performance requirements imposed by host countries alter either investment or operational decisions of foreign investors? To answer these questions, both government officials in ten countries and representatives of more than thirty multinational companies were interviewed. In addition, seventy-four investment projects in the automobile, computer, food products, and petrochemical industries were selected for intensive review.

Investment Incentives and Disincentives

Investment Incentives and Disincentives
Author: Organisation for Economic Co-operation and Development. Committee on International Investment and Multinational Enterprises
Publisher: Organisation for Economic Co-operation and Development ; Washington, D.C. : OECD Publications Service
Total Pages: 78
Release: 1989
Genre: Business & Economics
ISBN:

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Updates and augments the 1983 OECD publication. Examines the main patterns regarding the provision of incentives and disincentives, including changing orientations in their use and administration. Assesses the effects of these on international direct investment patterns and trade-related investment measures.

International Investment Law and the Right to Regulate

International Investment Law and the Right to Regulate
Author: Lone Wandahl Mouyal
Publisher: Routledge
Total Pages: 289
Release: 2016-03-10
Genre: Business & Economics
ISBN: 1317408012

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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.