The Impact of Bilateral Investment Treaties and Double Taxation Treaties on Foreign Direct Investments

2007 ◽  
Author(s):  
Till Siegmann
Keyword(s):  
Foreign Direct Investments ◽  
Bilateral Investment Treaties ◽  
Double Taxation ◽  
Investment Treaties ◽  
The Impact

scholarly journals The Impact of Bilateral Investment Treaties on FDI Inflows Into India: Some Empirical Results

2021 ◽  
pp. 001573252110273
Author(s):  
Jaivir Singh ◽  
Vatsala Shreeti ◽  
Parnil Urdhwareshe
Keyword(s):  
International Investment ◽  
Bilateral Investment Treaties ◽  
Fdi Inflows ◽  
International Investment Agreements ◽  
Investment Treaties ◽  
Dispute Settlements ◽  
Generalised Method Of Moments ◽  
The Individual ◽  
State Rights ◽  
The Impact

After a run of adverse investor-state dispute settlements, India has recently denounced all its erstwhile investment treaties. New investment treaties need to be negotiated on the basis of a new Model Treaty that privilege state rights over investor rights. We study the impact of bilateral investment treaties on foreign direct investment (FDI) inflows into India before the denunciation with the intent of inferring the consequences of changing the system. Our work captures the effects of international investment agreements on FDI inflows specifically into India. We construct an empirical model drawing on the Gravity Model, and estimate parameters using generalised method of moments. The results show that while the individual signing of bilateral investment treaties does not influence the inflow of FDI, the effect of the cumulative bilateral investment treaties signed is statistically very significant—suggesting that the spill over effect of signing a series of bilateral investment treaties are important, signalling a regime of overall protection to investors. The importance of institutional variables in influencing FDI tells us that overall participation in a system governed by international investor agreements influenced the inflow of FDI positively and therefore recent policy changes should be viewed with caution. JEL Codes: F21, F23, F550, F63, K33, O19, C22, C29

The Impact of Bilateral Investment Treaties on FDI Dynamics

World Economy ◽  
2007 ◽  
Vol 30 (10) ◽  
pp. 1536-1549 ◽  
Author(s):  
Peter Egger ◽  
Valeria Merlo
Keyword(s):  
Bilateral Investment Treaties ◽  
Investment Treaties ◽  
The Impact

Terra Incognita: What Happens When a Problem of State Succession Occurs during Arbitration Proceedings?

2018 ◽  
Vol 17 (2) ◽  
pp. 350-373
Author(s):  
Patrick Dumberry
Keyword(s):  
Arbitral Tribunal ◽  
Bilateral Investment Treaties ◽  
Home State ◽  
Terra Incognita ◽  
Arbitration Proceeding ◽  
State Succession ◽  
Investment Treaties ◽  
The Impact ◽  
Unique Context

Abstract This article examines the question of State succession to bilateral investment treaties (BITs) in the unique context whereby the events leading to this change in sovereignty happen during an arbitration proceeding. I will assess the impact this will have on the respondent State in the proceedings which may cease to exist (dissolution, unification, and integration) or lose part of its territory (cession, secession). Succession may also affect the home State of the claimant investor and result in that person losing its nationality and acquiring a new one. An arbitral tribunal should continue to have jurisdiction over a dispute whenever a claimant involuntarily changes its nationality in such context. While the same conclusion should apply when changes affect the respondent State, major difficulties will arise if that State ceases to exist and no other State is willing to participate in the proceedings. I will examine the limits of tribunals’ powers in this respect.

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