scholarly journals A Study on the Legal Framework for Foreign Direct Investment in the Transitional Countries

2008 ◽  
Vol null (31) ◽  
pp. 147-174
Author(s):  
최철
2015 ◽  
Author(s):  
Ramon Torrent ◽  
Federico Ortino ◽  
Xavier Fernandez-Pons ◽  
Federico Lavopa ◽  
Altagracia Acuevas ◽  
...  

Author(s):  
Won L. Kidane

Historically, Ethiopia’s near-perpetual independent existence has uniquely permitted latitude to shape policy and legal frameworks for the admission, protection, and management of foreign direct investment (FDI). The contemporary legal framework is a product of many external influences. International investment law principles have been part of Ethiopia’s investment law since 1903, when Ethiopia signed the Treaty of Amity and Commerce with the United States. This treaty contained some modern notions of international. Following military rule (1974–91), during which all domestic and international principles of fairness and equity were abrogated, Ethiopia attempted to build a new legal framework for the ordering of FDI. The existing framework is composed of evolving domestic legislation and an increasing number of international bilateral and regional investment treaties. This corpus of law is also equipped with institutional enforcement mechanisms. This chapter provides an overview and critique of existing rules and institutions.


Author(s):  
Mustafa Ercilasun ◽  
Ayşen Akyüz ◽  
Ayşe Saime Döner

In recent years the role of foreign direct investments (FDIs) in economic development became very important for emerging economies. Thus, the competition to attract FDIs intensified. Turkey, being an emerging economy, needs to apply correct strategies to attract FDIs. This paper will consider competitive environment for FDIs around the world and evaluates steps taken by Turkey since the year 2000. In doing so, changing rules and regulations will be evaluated. After the experience of 2001 economic crisis, in 2003, Turkey passed Foreign Direct Investment Law and taken other actions to stimulate FDI’s coming to the country. Changes in economic environment, political situation, legal framework and financial stability play roles in bringing inflow of FDIs. This paper will focus on the case of Turkey and will provide policy recommendations to increase the competitiveness in attracting FDIs.


2020 ◽  
Vol 2 (2) ◽  
pp. 1-13
Author(s):  
Musa Sakanko ◽  
James Obilikwu ◽  
Joseph David

The vital role of foreign direct investment has been widely studied and documented in the economic literature; however, the argument remains largely on identifying the main determinants of FDI to developing countries. It is on this note, the quantitative research method was adopted to investigates the asymmetric relationship between aggregate institutional quality and foreign direct investment in Nigeria using the Nonlinear Autoregressive Distributive Lag (NARDL) model on quarterly time-series data from 1999 Q1 – 2019 Q4. The bounds test obtains revealed that long-run co-integrating relationship exist among the variables. The NARDL result shows that both in the short-run and long-run aggregate institutional quality have asymmetric and a statistically significant effect on foreign direct investment. The study recommends that the government should establish or strengthen the quality of institutional indicators and legal framework to assure confidence in the system to motivate Foreign Direct Investment (FDI) inflow.


Author(s):  
James Eduard Keeble

This legislative review presents a summary of the Ley Orgánica para el Fomento Productivo, Atracción de Inversiones, Generación de Empleo y Estabilidad y Equilibrio Fiscal (the “Law to Foster Production”) published in “Registro Oficial Suplemento” No. 309 of August 21, 2018 that provides certain tax and other incentives. The rationale behind the law is to amend the legal framework to foster an increase production, attract foreign direct investment and stimulate job creation.Among the benefits introduced by the Law to Foster Production, is the remission of 100% interest, fines and other charges stemming from overdue obligations to IRS, Social Security, customs, basic utilities by State-owned enterprises and other State entities. There is a 90-day term given to all debtors to pay principal from the overdue obligations and be exempt from interest, fines and other surcharges. In some cases, the debtor may request to pay principal in installments (up to three years).


2020 ◽  
Vol 5 (1) ◽  
pp. 1-39
Author(s):  
Sarah Z. Vasani ◽  
Nathalie Allen

The growing climate change crisis requires significant development in and implementation of sustainable and renewable energies. To bring about that development, greater foreign direct investment is needed. Investment treaty arbitration contributes to encouraging greater levels of foreign direct investment, including in the context of investment in climate-friendly energies, by giving foreign private investors that knowledge that they can have recourse to a neutral dispute forum, which can, in turn, help shape regulatory frameworks, resulting in attractive investment conditions for foreign private investors. In this article, the authors argue that the European Union’s forward thinking regulatory approach has been pivotal to the progression of a legal framework encouraging cleaner energy and more environmentally-friendly technology. Whilst enormous benefits have been derived from this approach, the authors argue that the European Union is at risk of overstepping the mark and of deterring, as opposed to encouraging, the necessary foreign direct investment, through, in part, its much publicised aversion to investment treaty arbitration.


2020 ◽  
Vol 34 (4) ◽  
pp. 428-439
Author(s):  
Firas Abdel-Mahdi Massadeh ◽  
Tariq Abdel Rahman Kameel

Abstract This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World Intellectual Property Organisation, the UAE has established legislative protection of intellectual property rights to create a favourable environment for investment. This study has two main aims. First, it analyses whether the approach taken by UAE legislators provides assurance for intellectual property holders and their related investments. Second, it reviews whether this approach indicates if the UAE has the political and legal will to provide incentives for investors. The study found that the UAE’s intellectual property laws are equitable, accurate, and capable of drawing the attention of foreign direct investment. With such a competent legal framework, the UAE demonstrates it has the required political and legal will to foster foreign direct investment.


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