scholarly journals Foreign Investment Protection: A Reasoned Approach

1963 ◽  
Vol 61 (6) ◽  
pp. 1087 ◽  
Author(s):  
Earl Snyder
Keyword(s):  
Foreign Investment ◽  
Investment Protection

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.

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.

5 The Microeconomics of Investment Treaties

2017 ◽  
Author(s):  
Bonnitcha Jonathan ◽  
Skovgaard Poulsen Lauge N ◽  
Waibel Michael
Keyword(s):  
Decision Making ◽  
Foreign Investment ◽  
Fiscal Illusion ◽  
Foreign Investors ◽  
Host State ◽  
Investment Protection ◽  
The Third ◽  
Investment Treaty ◽  
Investment Treaties ◽  
The Impact

This chapter surveys the impact of investment treaties on decision-making at the firm and government levels. The focus is on whether investment treaties’ influence on the decisions of firms and states leads to improvements in efficiency. The first section examines the ‘hold-up’ problem, which provides the most influential and coherent microeconomic justification for the inclusion of investment protection provisions in investment treaties. The second section explores the problem of ‘fiscal illusion’ in host state decision-making, which could result in ‘over-regulation’ of foreign investment in the absence of an investment treaty. The third section considers whether investment treaties solve problems of discrimination against foreign investors, as well as the possibility that investment treaties lead to discrimination in favour of foreign investors.

NIGERIA'S PRINCIPAL INVESTMENT LAWS IN THE CONTEXT OF INTERNATIONAL LAW AND PRACTICE

2005 ◽  
Vol 49 (2) ◽  
pp. 177-206 ◽  
Author(s):  
Khrushchev U.K. Ekwueme
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
Paradigm Shift ◽  
Administrative Law ◽  
Currency Risk ◽  
Investment Protection ◽  
Investment Liberalization ◽  
Rule Making

EKWUEME, KHRUSHCHEV, Nigeria's principal investment laws in the context of international law and practice, Journal of African Law, 49, 2 (2005): 177–206The enactment of the NIPC Act and FEMMP Act in 1995 represent a paradigm shift in Nigeria in three major areas of investment rule-making, namely, investment liberalization, investment protection and settlement of investment disputes. These statutes, especially the NIPC Act, contain certain investment-friendly provisions relating to foreign participation in Nigerian enterprises, guarantees against expropriation, nationalization and currency risk, as well as State-investor arbitration. Although the literature on the NIPC Act and FEMMP Act is vast, no in-depth scholarly study has been done on them in the context of international law and practice. Primarily, this article examines the provisions of these laws through a practical lens by studying them alongside the jurisprudence of the ICSID. It also explores specific constitutional and administrative law questions intimately related to the treatment of foreign investment in Nigeria. Finally, it assesses inflows of FDI into Nigeria and considers some of the impediments to foreign investment in the country.

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