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Seminar paper from the year 2012 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1,3, University of Groningen, language: English, abstract: When examining the development of foreign direct investment and the effects of multinational corporations over the last decades, one has to come to the conclusion that the importance increased and grew significantly. Until the 1970s most of the countries were opposed to foreign direct investment due to a fear of losing economic and political independence by allowing foreign control over their economic resources and their key industries. Since the 1990s, there has been a positive turn towards foreign direct investment and its liberalization, because it is predominantly seen as requirement for economic growth, productivity increase, creation of export potential and technology transfer. As a result, the amount of foreign direct investment expanded faster than the world economy and the volume of international trade resulting in a need to control the investment flows and to regulate the area.1 By virtue of the rather sensitive topic of foreign direct investments, it was impossible in the past for the international community to agree upon an uniform and harmonized international regime setting out the standards for international investments. Hence, a multitude of national and international policy rules and principles govern the relevant aspects in this field resulting in a variety of international investment agreements. As an example, more than 2670 bilateral investment treaties and more than 270 other international investment agreements have been adopted globally until the end of 2008.2 Nevertheless, the plurality of the different international investment agreements with their different scopes, different types, different signatories have led to a patchwork of treaties resulting in a highly fragmented and incoherent international investment regime. As a result of this and the problems accompanying it, such as a more and more complex structure and an increase in investment disputes due to the interpretation and implementation of these treaties, the desire to adopt a general coherent framework for investment has been stirred, especially by international organizations like the WTO or the OECD. The OECD (Organization for Economic Co-operation and Development) is an international economic organization consisting out of 34 countries and was founded in 1961 to stimulate economic progress and world trade.
Drawing on good practices from OECD and non-OECD countries, the Framework proposes a set of questions for governments to consider in ten policy fields as critically important for the quality of a country’s environment for investment.
The objective of the Policy Framework for Investment (PFI) is to mobilise private investment that supports steady economic growth and sustainable development, contributing to the economic and social well-being of people around the world.
This Investment Policy Review examines Colombia's achievements in developing an open and transparent investment regime and its efforts to reduce restrictions on international investment.
In the wake of the notable failure of the OECD draft Multilateral Agreement on Investment (MAI), it has become clear that any attempt to regulate investment at the global level must pay serious attention to the position of developing countries. This remarkable collection of essays sheds penetrating light on this and other legal, political, and economic issues affecting the intense international debate on this important subject. The result of a symposium sponsored in April 1999 by the E.M. Meijers Institute of Legal Studies at Leiden University, Multilateral Regulation of Investment presents the incisive views of nine outstanding authorities, both academics and practitioners, in disciplines related to investment and development. Among the essential criteria proposed for a successful global regulatory framework for investment are the following: involvement at the national level of all sectors of the economy in drafting a national position; involvement from the start of multilateral negotiations of both developing and developed countries; transparency of negotiations; balance between investment protection and the right to regulate; and respect for core labour standards and human rights. The authors agree in seeing the objectives of the multilateral regulation of investment, both direct and portfolio, as not only reducing risk but also enhancing trust between investors and states, as host states must be sure that foreign investors will genuinely contribute to sustainable development and the well-being of their populations.
Multilateral Agreement on Investment: A Chinese Perspective makes detailed analyses and comments on the MAI from the perspective of a Chinese scholar. The author believes that the behind closed doors process of MAI negotiations is unacceptable for developing countries, NGOs, and civil societies, and is inadvisable for any future negotiations on investment rules. The substantive contents of the MAI which include the definition of investor and investment, treatment of foreign investors and investments, treatment for investment protection, and the dispute settlement mechanism are of high standards that render them unreachable and unacceptable for developing countries. The nine chapters of the book include: An introduction; An analysis of the background of the MAI negotiations which briefly reviews the process and results of the negotiations and makes the author's comments on the negotiations; An analysis and evaluation of the main features of MAI provisions and the approaches adopted by the MAI; An exploration of the scope of application of the MAI through the analysis of the respective definition of investor and investment in the MAI, and points out that the purpose of broad definition is to broaden the MAI's scope of application; An analysis and comment on the MAI's general principles of treatment accorded to foreign investors and their investments, and points out that the MAI's provisions in this regard have negative impacts on developing countries; An introduction to the MAI's specific rules of treatment accorded to foreign investors and their investments in such new areas of international investment as performance requirements, investment incentives, key personnel, privatization, as well as monopoly, state enterprises and concessions; An analysis and commentary on the MAI's treatment provisions on investment protection, i.e. the fair and equitable treatment and full and constant protection and security treatment as the general treatment, and the specific treatment with regard to expropriation and compensation, protection from strife and transfers; An introduction to and evaluation of the MAI's dispute settlement mechanism: the state-state procedure and the investor-state procedure,and; A conclusion.
This edition of the OECD Sovereign Borrowing Outlook reviews developments in response to the COVID-19 pandemic for government borrowing needs, funding conditions and funding strategies in the OECD area.
Addressing base erosion and profit shifting is a key priority of governments around the globe. This Explanatory Statement offers an overview of the BEPS Project and outcomes.
OECD and FAO have developed this guidance to help enterprises observe standards of responsible business conduct and undertake due diligence along agricultural supply chains in order to ensure that their operations contribute to sustainable development.