The Evolving International Investment Law and Policy Regime: Ways Forward. Synthesis of the Policy Options

2016 ◽  
Author(s):  
Karl Sauvant
Keyword(s):  
International Investment ◽  
Policy Options ◽  
Policy Regime ◽  
International Investment Law ◽  
Law And Policy ◽  
Investment Law

Emerging Markets and the International Investment Law and Policy Regime

2018 ◽  
pp. 126-158
Author(s):  
Karl P. Sauvant
Keyword(s):  
Emerging Markets ◽  
Multinational Enterprises ◽  
Emerging Market ◽  
International Investment ◽  
Policy Regime ◽  
International Investment Law ◽  
Law And Policy ◽  
Investment Law ◽  
The One ◽  
Responsible Manner

Multinational enterprises, including those headquartered in emerging markets, operate within the confines of the international investment law and policy regime. On the one hand, this regime prescribes the extent to which these firms can invest abroad, and it provides various protections for their investments. On the other hand, the regime prescribes increasingly that the operations of these firms need to be conducted in a responsible manner. The relevant standards are formulated by governments. The chapter discusses the rise of the international investment regime, its substantive and procedural content, and how and why the regime has changed over time, paying special attention to issues relating to emerging markets. Accordingly, the focus of this chapter is on the actions of governments, illustrating in the process of the discussion how emerging market multinational enterprises can benefit both from the regime and how they are constrained by it.

On Inter-Disciplinary and Inter-Systemic Approaches to International Investment Law

2015 ◽  
pp. 557-572 ◽  
Author(s):  
Jürgen Kurtz
Keyword(s):  
International Investment ◽  
State Regulation ◽  
Expiry Date ◽  
International Investment Law ◽  
Secondary Literature ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
State Practice ◽  
Investment Law

This review essay identifies two fundamental flaws in much of the secondary literature examining international investment law. The first is a clear attention to disciplines other than law in identifying and understanding the justifications for constraints on state regulation vis-à-vis foreign investment. Secondly, there are stubborn vestiges of self-containment among a sizeable set of legal commentators in this field. This typically reaches its apotheosis in instinctive and hostile opposition to usage of lessons and techniques employed in international trade law. Measured against the direction and nature of contemporary state practice, this type of older commentary is rapidly approaching an overdue expiry date. Prospects in International Investment Law and Policy marks a welcome and significant break from these flawed pathologies. Many of the contributions will shape the contours of innovative and important scholarship in this field. It is a collection that merits careful and repeated consideration.

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