Foreign Investment Protection Regime of the Republic of Lithuania

2013 ◽  
Author(s):  
Rimantas Daujotas
Keyword(s):  
Foreign Investment ◽  
Investment Protection ◽  
The Republic

The Investment Treaty Regime and Development Policy Space in Ghana

2016 ◽  
Author(s):  
Dagbanja Dominic N
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
Development Policy ◽  
The State ◽  
Investment Protection ◽  
Investment Treaty ◽  
Right To Development ◽  
Development Policies ◽  
The Republic ◽  
The Relationship

This chapter explores the relationship between Ghana's standards of investment protection by treaty and its development policy-making and implementation obligations under the constitution of the Republic of Ghana 1992 and general international law. It advances four theses. First, the state has the constitutional and general international law duty to make and implement development policies for the realization of the legal right to development in Ghana. Second, the power to make treaties, which derives from the constitution and general international law, requires the conclusion of treaties that promote development. Third, existing standards of investment protection by treaty are incompatible with the constitutional and general international law duty to make and implement development policies to the extent that they impose damages on the state for doing that which is required by the constitution and general international law. The fourth thesis is that Ghana's investment treaties were aimed at establishing standards of investment protection to attract foreign investment for development and not merely to protect foreign investment as an end.

The Imperatives of Beneficiation Law for Botswana’s Diamond Mining Industry and Its Implications for Foreign Investment Protection

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Femi Oluyeju ◽  
Kuda Tshiamo
Keyword(s):  
Economic Growth ◽  
Foreign Investment ◽  
Value Chain ◽  
Positive Impact ◽  
Mining Industry ◽  
Investment Protection ◽  
Goods And Services ◽  
Advantages And Disadvantages ◽  
Diamond Mining ◽  
Backward And Forward Linkages

This article seeks to interrogate the advantages and disadvantages of beneficiation law for Botswana’s mining industry and its implications for foreign investment protection. Furthermore, it argues that the enactment of beneficiation law could stimulate economic growth and development in Botswana. On a proper analysis of the potential of beneficiation law it seems plain that it may facilitate the integration, of among others, the cutting and polishing segments through the backward and forward linkages in the entire diamond value chain to move Botswana diamond industry a step further as a new and emerging jewellery manufacturing and retail center in order to derive maximum returns from the rough diamond production. Quite clearly, cutting and polishing of diamonds in Botswana is bound to promote employment which in turn will promote demand for goods and services that would have a positive impact on economic growth in Botswana.  The paper concludes that on a balance, the opportunities accruable from the enactment of this law far outweigh the downsides and will not in any way scare investors away as some have perceived it.

scholarly journals Foreign Investment and Export Management and Analysis - Kosovo Case

2020 ◽  
Vol 9 (1) ◽  
pp. 11-21
Author(s):  
Halil Bajrami ◽  
Bashkim Bellaqa
Keyword(s):  
Economic Development ◽  
Foreign Investment ◽  
Direct Investment ◽  
Review Of The Literature ◽  
Investment Environment ◽  
Foreign Investors ◽  
Country Level ◽  
Management Capacity ◽  
The Republic ◽  
Made In

Foreign Direct Investment (FDI) has a special and specific importance for the Republic of Kosovo taking into account the conditions and economic development, which in turn impact the economic development and social improvement of the country. For the state to have a greater absorption of FDI, significant improvement should be made in improving the management capacity in order to create a motivating environment for foreign investment, which is related to the improvement of macro-factors and microfactors at the country level in order to make the environment as attractive as possible for FDI. The purpose of this paper is to present the trend of FDI, the trend of export with a keen eye on Kosovo and to present the correlation of FDI with export. Firstly, at the beginning of this paper, a theoretical review of the literature on definitions of FDI in economic terms and definitions of export is presented. Secondly, the trend and comparison of FDI and exports over the years is presented. Thirdly, FDI trends in Kosovo were analyzed by the country of origin of these investments, etc. Fourthly, in the context of this paper, an analysis in terms of investment management at the country level in order to create an attractive investment environment was made. Fifthly, as part of this paper, empirical analyzes showing the correlations between FDI and Export in the Kosovo case have been made. FDI trends in Kosovo have been decreasing over the years, which must be improved by creating a motivating environment for both domestic and foreign investors. 

scholarly journals Main characteristics of the foreign investment development of Belarus

2020 ◽  
Vol 48 (48) ◽  
pp. 129-139
Author(s):  
Maryia Samakhavets ◽  
Olena Hrechyshkina
Keyword(s):  
Foreign Investment ◽  
Investment Policy ◽  
Real Economy ◽  
Future Prospects ◽  
Main Determinant ◽  
Innovative Performance ◽  
The Future ◽  
The Republic ◽  
Economic Zones ◽  
Geographical Characteristics

AbstractThe purpose of this paper is to investigate the key economic and geographical characteristics of the investment development of Belarus and how these characteristics could evolve in the future. The evaluation of the investment development of Belarus is based on comparative economic analysis, spatial analysis research methods and the cartographic method. Our results indicate a stable, predictable and enabling investment policy as the main determinant for attracting investment. This is confirmed by changes in the spatial distribution of foreign investment inflows in the real economy of Belarus by countries for 2010 and 2018. The characteristics of Belarusian investment development are identified because of the need to intensify innovative performance in the strategic dimensions of sustainable development. Particular attention is paid to the development of special economic zones with preferential regimes in the Republic of Belarus. This paper provides important new insights into the future prospects for Belarusian investment development on the basis of identified specifics.

scholarly journals Using Arbitration for Resolving Foreign Investment Disputes: A Comparative Study of Laws on Arbitration in Ghana and China

2016 ◽  
Vol 9 (7) ◽  
pp. 1 ◽  
Author(s):  
Shirley Ayangbah
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
International Investment ◽  
Customary International Law ◽  
Republic Of China ◽  
The Past ◽  
The Republic ◽  
The Right ◽  
Procedural Rights ◽  
Comparative Manner

<p>International Investment in recent times is seen as one of the fastest-developing areas of international law. In the past decades, there has been a dramatic increase in the number of bilateral investment treaties and other agreements with investment related provisions that grant foreign investors important substantive and procedural rights, including, most importantly, the right to sue individuals, organizations and even the state hosting their investment for violations of customary international law and treaty obligations. Dispute becomes an inevitable phenomenon as individuals, organizations and countries continue to engage in foreign investment and as such there is the need for dispute solving mechanism to resolve such disputes as and when they arises. Even though there are several dispute solving mechanisms, arbitration seems to be a well-established and widely used mechanism to end dispute probably due to the efficiency and flexibility nature of it. The laws governing arbitration differ from one country to the other and it is for this reason that investors need to be abreast with the different arbitration laws  so as to enable them make inform decisions as to whether to resort to arbitration  or not. This paper analyses the arbitration laws of The Republic of Ghana and Peoples Republic of China in a comparative manner by drawing on the similarities and difference with respect to arbitration laws and procedure in these two countries. The paper is divided into three parts. The first part of this paper gives a brief background as well as the characteristics of the concept of arbitration. The second part looks as the similarities and difference of arbitration between the selected countries, and the final part looks at the arbitration phase and post arbitration phase of the two countries.</p>

International Investment, Political Risk, and Dispute Resolution

2020 ◽  
Author(s):  
Rubins Noah ◽  
Nektarios Papanastasiou Thomas ◽  
Kinsella N Stephan
Keyword(s):  
Foreign Investment ◽  
Political Risk ◽  
Legal Framework ◽  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Political Risks ◽  
Theoretical Approaches ◽  
Previous Edition ◽  
Risk Insurance

This second edition explores the multi-layered legal framework for the protection of foreign investment against political risk. The chapters analyze some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, State responsibility, treaties protecting foreign investmentand international arbitration between States and investors. Since the previous edition, far more attention has been paid to some of these issues, in particular investor–State arbitration.All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. The book is written to appeal to lawyers and non-lawyers alike. It is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. It is also suitable for students who intend to specialize in international investment law.

Part IV Law and Applicable Principles, 19 Principles of Investment Protection in International Mining Disputes

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
Foreign Investment ◽  
Developing Economies ◽  
Most Favored Nation ◽  
National Treatment ◽  
Foreign Investors ◽  
Investment Protection ◽  
Secure Access ◽  
Fair And Equitable Treatment ◽  
Equitable Treatment ◽  
Full Protection

In an effort to attract foreign investment many countries, especially developing economies, have created favorable investment conditions by setting up domestic and international guarantees for foreign investors. In addition to adopting foreign investment laws, many countries have concluded bilateral and multilateral investment treaties aimed at promoting and protecting foreign investment. These treaties provide a number of guarantees concerning foreign investment, which typically include the protection from expropriation; fair and equitable treatment (FET); full protection and security; the protection against arbitrary or discriminatory measures, national treatment, and most favored nation treatment; and, for some of them the observance of other undertakings entered into by contracting States with investors. This chapter examines each of these guarantees as well as the means to maximize investment protection and secure access to international arbitration.

Sign in / Sign up

Export Citation Format

Share Document