The Role of International Investment Agreements in Attracting Foreign Direct Investment to Developing Countries

2011 ◽  
Author(s):  
Keyword(s):  
Developing Countries ◽  
Foreign Direct Investment ◽  
Direct Investment ◽  
International Investment ◽  
International Investment Agreements ◽  
Investment Agreements

scholarly journals The Chilling Effect of Indirect Expropriation Clauses on Host States’ Public Policies: a Call for a Legislative Response

2020 ◽  
Vol 22 (2) ◽  
pp. 235-270
Author(s):  
Maryam Malakotipour
Keyword(s):  
Public Policy ◽  
Foreign Direct Investment ◽  
Direct Investment ◽  
Public Policies ◽  
International Investment ◽  
Public Welfare ◽  
Policy Space ◽  
Chilling Effect ◽  
International Investment Agreements ◽  
Investment Agreements

Abstract While International Investment Agreements (IIAs) can potentially contribute to host states’ development, the chilling effect of IIAs on host states’ public policies is the flip side of investment treaties. The lack of a clear statutory formulation of indirect expropriation and, hence, the interpretive loopholes in investor-state jurisprudence have caused unfavourable consequences attached to the application of IIAs on the protection and promotion of public welfare. This paper encourages states to revisit the formulation of their indirect expropriation clauses in line with the provided practical solutions, which allow states to have more policy space for their legitimate public policy actions without having their Foreign Direct Investment inflows decreased.

scholarly journals International Investment Agreements Provisions and Foreign Direct Investment Flows in the Regional Comprehensive Economic Partnership Region

Economies ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 28
Author(s):  
Nathapornpan Piyaareekul Uttama
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Policy Instrument ◽  
International Investment ◽  
Policy Framework ◽  
International Investment Agreements ◽  
Economic Partnership ◽  
On The Road ◽  
Regional Comprehensive Economic Partnership ◽  
Investment Agreements

The international investment agreements (IIAs) are a strategic policy instrument that member countries could use to achieve win-win cooperation. Meanwhile, the extension of the Association of Southeast Asian Nations (ASEAN) membership toward the Regional Comprehensive Economic Partnership (RCEP) membership has induced the rich and deep investment agreement that challenges the ASEAN countries to take advantage. This study demonstrates the effects of investment provisions in international investment agreements on the bilateral foreign direct investment (FDI) in the RCEP economies. It also investigates the effect of ASEAN membership on investment creation and investment diversion toward the RCEP region. Using panel data on RCEP countries during the period 2009 to 2018 and a Driscoll-Kraay standard errors estimator, the results show that the re-lationship between inward FDI and investment provisions in IIAs are positive and significant. Likewise, the investment protection, and promotion provisions in bilateral investment treaties have positive and significant effects on the inward FDI. Moreover, the findings indicate that the ASEAN membership tends to cause the investment creation toward the RCEP region; and it is a stepping stone on the road to the investment policy framework for sustainable development.

scholarly journals Investing in Development: The Role of Democracy and Accountability in International Investment Law

2009 ◽  
Vol 46 (4) ◽  
pp. 1009 ◽  
Author(s):  
Graham Mayeda
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
International Investment ◽  
Socially Responsible ◽  
International Investment Law ◽  
International Investment Agreements ◽  
Investment Law ◽  
Definition Of ◽  
Investment Agreements

This article explores whether international investment agreements (IIAs) have the potential to impede democratic expression and, as a result, hinder sustainable development. The author first demonstrates that democracy plays an essential role in the promotion of sustainable development and provides a normative (rather than procedural) definition of democracy. The three ways in which IIAs can limit democracy are then addressed. First, they can limit the policy space of developing countries. This is demonstrated through an analysis of how types of provisions commonly found in IIAs can negatively affect policy flexibility. Second, democracy can be indirectly limited through the decisions of international investment tribunals which give little deference to the decisions of domestic democratic forums. Third, democracy can be undermined if foreign investors are not accountable to any democratic government. In this regard, it is necessary for IIAs to impose obligations on home states and investors to ensure that investors behave in socially responsible ways. The article concludes with suggestions for ways in which developing countries can structure IIAs to support democracy rather than detract from it.

The 2013 Amendments to the Arab Investment Agreement

2019 ◽  
Vol 34 (1) ◽  
pp. 107-135 ◽  
Author(s):  
Amr Arafa Hasaan
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
International Investment ◽  
Practical Application ◽  
Member States ◽  
International Investment Agreements ◽  
Arab League ◽  
Investment Agreement ◽  
Arab States ◽  
Investment Agreements

Abstract Since their first emergence in the 1950s, international investment agreements (IIAs) have been subject to periodic update and revision. Hence, some scholars have classified them into generations. In 1980, the Member States of the Arab League signed the Unified Agreement for the Investment of Arab Capital in the Arab States, which was intended to enhance the encouragement and protection of foreign direct investment (FDI) among them. The practical application of IIAs sometimes resulted in unforeseen consequences for either investors or host States. There have also been changes in IIAs worldwide. In 2013, the Member States amended the Unified Agreement for the Investment of Arab Capital in the Arab States. This article analyses the changes that the Member States sought through that modification. It also underlines comparison between the principles of promotion and protection precedent to the amendment and thereafter. It also covers the alteration of investor–State resolution mechanisms under the Agreement.

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