A Bit Goes a Long Way: Bilateral Investment Treaties and Cross-Border Mergers

2016 ◽  
Author(s):  
Vineet Bhagwat
Keyword(s):  
Bilateral Investment Treaties ◽  
Cross Border ◽  
Investment Treaties

Political Risk Insurance and Bilateral Investment Treaties: Making the Connection

2013 ◽  
pp. 943-977 ◽  
Author(s):  
Robert Ginsburg
Keyword(s):  
Political Risk ◽  
Investment Decisions ◽  
International Investment ◽  
Risk Tolerance ◽  
Bilateral Investment Treaties ◽  
Tolerance Level ◽  
Cross Border ◽  
Political Risks ◽  
Investment Treaties ◽  
Risk Insurance

Although political risk insurance polices and bilateral investment treaties are two of the most effective ways to manage political risks, most professionals in the international investment community do not incorporate either into their risk-reward analysis of cross border projects in emerging markets. Moreover, those investors and their advisers who do consider protections in one risk management do not explore protections provided in the other. The failure to contemplate how either or a combination of both tools can mitigate exposures to political perils often forces companies to make investment decisions based on incomplete information. By considering the different ways in which these tools respond to different loss scenarios, foreign investors and their advisers can establish a clear risk tolerance level and maximize their opportunities for growth in developing countries.

China's International Investment Strategy

2019 ◽  
Keyword(s):  
Development Strategy ◽  
Foreign Investment ◽  
Developed Countries ◽  
Investment Strategy ◽  
International Investment ◽  
Bilateral Investment Treaties ◽  
Open Door Policy ◽  
Outward Fdi ◽  
Investment Law ◽  
Investment Treaties

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.

scholarly journals Ethiopia’s Bilateral Investment Treaties and Environmental Protection; The Need of Re-Negotiation for Corporate Responsibility

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Ayalew Abate
Keyword(s):  
Content Analysis ◽  
Environmental Protection ◽  
Foreign Investment ◽  
Corporate Responsibility ◽  
International Perspective ◽  
Environmental Responsibility ◽  
Bilateral Investment Treaties ◽  
The Status ◽  
Investment Treaties

Abstract This article argues that the bulk of the bilateral investment treaties (BITs) that Ethiopia has ever concluded, to regulate its bilateral foreign investment relations, don’t contain an environmental provision that require investing corporations to discharge responsibility towards environment and there is a pressing call for either to re-negotiate, update or engage in concluding of environmental side agreements (ESA). To substantiate the argument the trends of BIT making is assessed, the status of Ethiopian BITs have been evaluated through content analysis, environmental responsibility of Ethiopia has been examined both from domestic and international perspective, relevant reasons for the regulation of environment in foreign investment through BIT have been discussed and justifications for the need to renegotiate, update or make ESA in Ethiopia have been highlighted.

Bilateral Investment Treaties and the Increase in Egyptian Appearances before International Arbitration Tribunals

2021 ◽  
Vol 29 (1) ◽  
pp. 40-61
Author(s):  
Ashraf M. A. Elfakharani ◽  
Rohana Abdul Rahman ◽  
Hamza E. Albaheth ◽  
Nor Anita Abdullah
Keyword(s):  
International Investment ◽  
Vital Role ◽  
Legal Issues ◽  
Bilateral Investment Treaties ◽  
International Arbitration ◽  
Foreign Investors ◽  
Investment Treaties ◽  
Very High

Bilateral investment treaties (BITs), as the name indicates, are meant to govern investment relations between two signatory states. In this context, Egypt holds a significant place among all respondent states, having to face a very high number of legal issues from foreign investors. These cases are pending before several international investment tribunals and Egypt is facing claims of over USD 20 billion annually from its foreign investors. In spite of such a grim situation, there are legal arbitrations that have increased the appearance of Egypt in international arbitration forums. There are several reasons for such a situation to arise, mainly because of the governmental measures towards foreign investors and interests. This article argues that in spite of the unspecified criteria shown towards foreign investors, the Bilateral Investment Treaty's items have played a vital role in increasing Egyptian appearances.

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