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The unique experience of the author in supervising the World Bank's efforts to create the Multilateral Investment Guarantee Agency is detailed in Part I of this book, which provides a case study for the successful preparation of a complex multilateral convention in record time. The book also provides an in-depth analysis of the operational and institutional aspects of MIGA relating them to the broader legal and economic issues concerning international investment flows. Part II deals with both MIGA's guarantee and non-guarantee operations. It covers in detail the different aspects of political risk insurance as well as the advisory and promotional services needed to encourage greater flows of capital and technology across national boundaries and towards developing countries in particular. Part III deals with three major institutional and policy issues which caused the greatest controversies in MIGA's preparatory work and raised questions that go beyond MIGA's concerns. These include the standards that apply to foreign investment, settlement of disputes and the organizational and voting structures of international financial institutions. This book should be of direct interest to a broad array of researchers and practitioners in the fields of international development, foreign investment, international law, political risk insurance and international financial organizations. The topicality of its subject and the prominence of its author add to the importance of the book which is likely to remain the most authoritative in its field for many years to come.
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This revised and expanded Encyclopedia is the new benchmark and flagship reference work for the study of international economic law. A comprehensive resource, its pages present the breadth of the field in a real-world context. Organized thematically rather than alphabetically, the Encyclopedia includes four significant thematic sections: the foundations, architecture and principles of international economic law; regulatory framework; regulatory areas; and regulatory challenges. Including updated and new entries, traditional international economic law topics are now supplemented by coverage of critical perspectives and a broader range of newly developing areas such as taxation, sustainability, and digitalization. Concepts and rules of trade, investment, finance, competition, and international tax law are found alongside entries examining how international economic law impacts on environmental protection, labor standards, development, and human rights. Embedded within its own legal context, each concise entry presents an accessible and condensed understanding of what it means and why it is significant. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Entries are followed by selected references suggesting directions for further study. Completely new to this edition is an entire section of extended entries on specific jurisdictions focusing on how these contribute to and engage with international economic law. These longer pieces describe the national legal frameworks responsible for developing international policies on trade investment, financial regulation, and tax, offering insight into how international rules actually work at the national level. Key Features: Concise, structured entries from top experts and new voices in the field Organised thematically, covering newly developing areas of international economic law Selected references for further study
Annotation Breach of contract is a hot topic in risk management, especially in the context of Public-Private Partnerships for large utility, infrastructure, or mineral resource exploitation projects around the world. Some claims are related to economic crisis, but more often disputes arise from political change, privatization reviews, environmental regulations and governance/corruption issues. Some recent high profile cases involving government tariff renegotiations and award settlements underline the importance of this topic for international investors. Claims of breach of contract often bring about an abrupt termination of activities or force contract renegotiations that subtsantially alter the original terms of the deal and projected financial validity. This study offers significant new data and analysis to allow an informed assessement of current developments and underlying trends, in a new collaboration between the World Bank Group (IBRD, MIGA, and ICSID) and Washington University in St. Louis.
The Global Investment Competitiveness report presents new insights and evidence on drivers of foreign direct investment (FDI) in developing countries, and FDI’s role in development. The report’s survey of 750 executives of multinational corporations finds that a business-friendly legal and regulatory environment is a key driver of investment decisions in developing countries, along with political stability, security, and macroeconomic conditions. The report’s topic-specific chapters explore the potential of FDI to create new growth opportunities for local firms, assess the power of tax holidays and other fiscal incentives to attract FDI, analyze characteristics of FDI originating in developing countries, and examine the experience of foreign investors in countries affected by conflict and fragility. Three key features of this Global Investment Competitiveness report distinguish it from other publications on FDI. First, its insights are based on a combination of first-hand perspectives of investors, extensive analysis of available data and evidence, and international good practices in investment policy design and implementation. Secondly, rather than exploring broad FDI trends, the report provides detailed and unique analysis of FDI depending on its motivation, sector, geographic origin and destination, and phase of investment. Thirdly, the report offers practical and actionable recommendations to policymakers in developing countries wishing to reform their business climates for increased investment competitiveness. As such, the report is meant to complement other knowledge products of the World Bank Group focused even more explicitly on country-level data, detailed reform diagnostics, and presentation of best practices. We are confident this report will bring value and fresh perspectives to a variety of audiences. To governments and policymakers, including investment promotion professionals, the report offers direct insights into the role of government policies and actions in investors’ decision-making. To foreign investors and site location consultants, the report provides information on FDI trends and drivers across sectors and geographies. For academic audiences, the new datasets on investment incentives and FDI motivations enables opportunities for additional research and analysis. Lastly, for development assistance providers and other stakeholders, the report highlights key approaches for maximizing FDI’s benefits for development.
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the internal organization and operations of the Multilateral Investment Guarantee Agency (MIGA) provides substantial and readily accessible information for lawyers, academics, and policymakers. No other book gives such a clear, uncomplicated description of the organizationand’s role, its rules and how they are applied, its place in the political risk insurance market, or its relations with other organizations. The monograph proceeds logically from the organizationand’s genesis and historical development to the structure of its membership and its various organs and their mandates. Its competence and operations, its financial management, and its dispute settlement mechanisms are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of the Multilateral Investment Guarantee Agency (MIGA) for all interested parties. Students and teachers of international investment law will find it especially valuable as a source of information on the legal framework governing foreign direct investment and political risk insurance.
MIGA = Multilateral Investment Guarantee Agency
Coinciding with the Multilateral Investment Guarantee Agency's (MIGA) twentieth anniversary, "Investing with Confidence: Understanding Political Risk Management in the 21st Century" examines key political risk issues including claims and arbitration, perspectives on pricing from the private, public and multilateral providers, as well as exploring new frontiers in sovereign wealth funds and Islamic finance. These topics are particularly relevant for today's uncertain markets, and provide important analysis and thinking from key practioners and clients. Political risk insurance is critical to maintaining flows of foreign direct investment into developing markets; this volume offers valuable insights for practitioners and investors alike.