Law Commons^™

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …

The Foreign Investment Risk Review Modernization Act: The Double-Edged Sword Of U.S. Foreign Investment Regulations, J. Russell Blakey

Loyola of Los Angeles Law Review

No abstract provided.

The Horizons Of Antitrust, Richard M. Steuer

St. John's Law Review

(Excerpt)

Critics have been complaining that there are too few jobs in America and too much inequality. They have been calling for broadening the goals of antitrust and, at the very least, for more antitrust enforcement. More enforcement could be expected to have an impact on the concentration of power and on jobs, but even recalibrating the goals of antitrust law cannot, by itself, realistically be considered a panacea for eliminating unemployment or inequality overnight.

At the same time, other countries already have broader goals written into their own laws, including their competition laws, which protect jobs and limit foreign …

The Standard Investment Agreement: Text And Comments, Philippe Kahn

Georgia Journal of International & Comparative Law

No abstract provided.

The Merits Of Tax Competition In A Globalized Economy, David Elkins

Indiana Law Journal

Since the turn of the current century, leading transnational organizations and academic scholarship have identified tax competition among countries as one of the scourges of the international tax regime. Both the EU and the OECD have warned that tax competition erodes the tax bases of Member States and impedes their ability to provide essential services. Commentators have argued that unrestrained competition is driving tax rates on mobile sources of income to (or close to) zero, a process that jeopardizes the very existence of the welfare state, exacerbates problems of global poverty, and deprives developing countries of funds that they desperately …

The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell Iii

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.

Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles

Georgia Journal of International & Comparative Law

No abstract provided.

Taxation Aspects Of Foreign Investments In India, Udai V. Singh

Georgia Journal of International & Comparative Law

No abstract provided.

United States Bilateral Investment Treaties: Egypt And Panama, Deidre A. Cody

Georgia Journal of International & Comparative Law

No abstract provided.

The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco

Georgia Journal of International & Comparative Law

No abstract provided.

People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden

Georgia Journal of International & Comparative Law

No abstract provided.

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.

Determining International Responsibility Under The New Extra-Eu Investment Agreements: What Foreign Investors In The Eu Should Know, Freya Baetens, Gerard Kreijen, Andrea Varga

Vanderbilt Journal of Transnational Law

The EU's newly acquired competence over foreign investment poses largely unprecedented legal challenges: the Union's unique structure and functioning are bound to raise questions about the traditional format of international investor-State arbitration. Anticipating these challenges, the European Commission has proposed a Regulation on managing the financial responsibility that arises out of such arbitrations; a revised version of this proposal was adopted by the European Parliament and the Council of the European Union. After outlining the contemporary international investment regime, as well as the relevant aspects of the EU legal system, this Article scrutinizes three problematic issues under international law that …

The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game, Florence Shu-Acquaye

Florida A & M University Law Review

No abstract provided.

Arbitration Hurdles Facing Foreign Investors In Russia: Analysis Of Present Issues And Implications, Elliot Glusker

Pepperdine Dispute Resolution Law Journal

Russia has come a long way since the collapse of the Soviet Union in 1991, but there are still some structural reforms that need to take place in order to increase investor confidence. In 2007, one hundred billion dollars was invested in Russia from overseas, which represents a record for a developing market economy. However, direct foreign investment in Russia is still low compared to other European nations. Foreign investment is one of Russia's main strategies for improving the long-term health of the economy. There is a lot of promise for future economic growth, but some recent actions by the …

Dubai Or Not Dubai?: A Review Of Foreign Investment And Acquisition Laws In The U.S. And Canada, Chris Lalonde

Vanderbilt Journal of Transnational Law

The proposed purchase of a British company that controlled several ports in the United States by Dubai Ports World could accurately be described as one of the most politically contentious acquisitions in U.S. history. The transaction raised questions not only about U.S. foreign investment laws but provoked national security concerns, as well. Similar issues were raised more recently during the acquisition of a share in Nasdaq by the Dubai stock exchange. In the same vein, Canada has seen similar issues arise during recent transactions involving domestic companies--most notably the acquisition of PrimeWest Energy by TAQA, the national energy company of …

The Antinomies Of The (Continued) Relevance Of Icsid To The Third World, Ibironke T. Odumosu

San Diego International Law Journal

The international law on foreign investment is commonly accepted as one of the most controversial areas of international law. Not only does international investment law lack clear rules on investment promotion and protection, this area of the law has always generated opposing rules, and implicates divergent interests in the process. In the face of unclear rules, and against the backdrop of the need to protect foreign investment through the internationalization of investment dispute settlement, and the position that this will facilitate investment flows to Third World states, the World Bank established the International Centre for the Settlement of Investment Disputes …

An Evaluation Of Current Legitimacy-Based Objections To Nafta's Chapter 11 Investment Dispute Resolution Process, Naveen Gurudevan

San Diego International Law Journal

The year 1994 saw the conclusion of a very important trilateral trade and investment treaty in North America: the North American Free Trade Agreement. Since then, this agreement has had a tremendous impact on the trading relations among the three signatory states-the United States, Canada, and Mexico. Of particular significance is Chapter 11, the Investment Chapter. One of the main objectives of Chapter 11 is to provide an effective means for the resolution of disputes between a foreign investor and the host government. To this end, it provides a mechanism whereby private parties can initiate arbitration proceedings against the host …

The Institutional And Policy Framework For Foreign Investment In The Eastern Caribbean, Puerto Rico, And The United States Virgin Islands, T. M. Ocran

Vanderbilt Journal of Transnational Law

This Article provides an overview, based in part on the author's field survey, of the investment laws and policies of the Eastern Caribbean subregion. The island states of the Eastern Caribbean offer foreign investors unique opportunities. Among the reasons that these states should attract investment is the close relation between the two two neighboring islands, Puerto Rico and the United States Virgin Islands, and the United States; this relation offers the Eastern Caribbean states ready access to the U.S. market. The author examines these relations and the institutional frameworks for investment employed by the various states. The Article raises questions …

Visas For Sale: A Comparison Of The U.S. Investor Provision With The Australian Business Migration Program, Catherine R. Giella

Northwestern Journal of International Law & Business

This paper is an attempt to evaluate the United States' new investor program based on a comparison with Australia's failed system. The thesis of this paper is that in order for an investor program to be successful, the program must strike a careful balance between meeting the needs of the immigrant investors and those of the welcoming country and its citizens. The analysis proceeds by briefly looking at the history of immigration in both countries and then focusing on what the interests of the investors and the country are in initiating and taking advantage of such a program.

Trade And Investment In Central And Eastern Europe: A Bibliographic Survey Of Current Literature In English, Igor I. Kavass, William M. Walker

Vanderbilt Journal of Transnational Law

The year 1989 will be remembered as an important year in the histories of the Central and Eastern European countries because of the demise of the Soviet-controlled regimes and the emergence of independent and largely pluralistic political movements. A major catalyst for such radical political change was the decline of the centralized command economies in the Central and Eastern European countries. These so-called "Soviet Bloc" countries modeled their economic systems after the Soviet Union and, like the Soviet model, these countries found themselves saddled with an increasingly inefficient economic system. When the political systems changed, the new governments immediately took …

Considering Business Opportunities In The Soviet Union In The 1990s, Richard N. Dean

Vanderbilt Journal of Transnational Law

The purpose of this Essay has been to provide, in somewhat summary fashion, basic background and guidelines to assist Western companies that are considering commercial transactions in the Soviet Union. It was not intended to be an exhaustive analysis of all factors that may affect the negotiation, completion and implementation of commercial transactions in the Soviet Union. Rather, we have drawn from our experience in assisting our clients over the last three years in the USSR and have attempted to provide an appropriate context for the consideration of potential business opportunities.

In our experience, the most effective perspective to adopt …

Preface: Symposium On Trade And Foreign Investment In Eastern Europe And The Soviet Union, David F. Matlin, James A. Yokely

Vanderbilt Journal of Transnational Law

The Vanderbilt Journal of Transnational Law held a Symposium on Trade and Foreign Investment in Eastern Europe and the Soviet Union on March 14 and 15, 1991. The Symposium consisted of a morning and an afternoon seminar held on March 15 at the Vanderbilt University School of Law and an inaugural dinner and address the previous evening. Our goal was to bring together and promote discussion among the leading authorities in this area from academia, private legal practice, business, "and government. The results of this Symposium have culminated in the publication of this special issue, which contains Articles, Essays, edited …

Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii

Michigan Journal of International Law

In part, this article is about the conflict between literalism and functionalism in the GATT. It examines an attempt in the Uruguay Round to negotiate rules on foreign direct investment - the so-called trade-related investment measures (TRIMs) negotiations. Foreign direct investment is often a stage in the internationalization of enterprises; it is helpful to the trade of goods producers and necessary to the trade of many services providers. Affected by the output-oriented history of the GATT, however, the Contracting Parties have treated investment as though it were simply one of three legs of an economic triangle: goods, services, investment. In …

Regulation Of Imports And Foregn Investment In The United States On National Security Grounds, David Scott Nance, Jessica Wasserman

Michigan Journal of International Law

Traditionally, concerns over the effects of trade and investment on national security have centered upon the transfer of products and technologies with potential military uses. However, national security concerns also arise with respect to the economic and military impact of imports and of foreign acquisition of domestic assets. The United States has a longstanding statute, section 232 of the Trade Expansion Act of 1962, that allows the President to restrict imports of goods on national security grounds. More recently, another statute, popularly referred to as the Exon-Florio Act, provides the President with authority to bar the acquisition of United States …

Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty

Michigan Journal of International Law

The Republic of Korea is well-known for its exceptionally successful export-driven economy and for the role of the Korean government in actively pursuing policies which have fostered the growth of Korean industry and the penetration of Korean products in the international marketplace. This rapid penetration of Korean products has been a source of tension among Korea's trading partners as they have sought to respond to calls from their domestic-industry constituencies for protection from the increased importation of Korean products. However, less well-known and of increasing significance to Korea itself and to the international community is not the outflow of Korean …

The Death Of Ideology In Soviet Foreign Investment Policy, Christopher Osakwe

Vanderbilt Journal of Transnational Law

This Article's primary thesis is that the Soviet Government's decision to permit the creation of international joint ventures in the Soviet Union is a major instrument of the policy of perestroika. As such, the stability and profitability of any international commercial joint enterprise in the Soviet Union is inextricably linked with the fate of perestroika. If perestroika succeeds, the Soviet Union will have a market-oriented socialist economy, fully integrated into the world economy. By virtue of this success, Western investors and entrepreneurs will be in a position to make deeper, more profitable, and more lasting inroads into the Soviet economy. …

The United States Policy Toward Inward Foreign Direct Investment, Harvey E. Bale, Jr.

Vanderbilt Journal of Transnational Law

This paper presents the perspective of the author, a trade and investment policy official, on the most significant aspects of the United States policy toward foreign direct investment. The summary in this section is presented to give the author's policy viewpoint in order to assist the reader in evaluating the paper's arguments... United States policy, at both the federal and local levels, reflects a strong positive attitude concerning the general benefits of inward foreign direct investment. While foreign ownership of United States assets is restricted in certain sectors, the general United States approach is one of "national treatment"--i.e., foreign investors …

Determinants Of Foreign Plant Start-Ups In The United States: Lessons For Policymakers In The Southeast, Michael I. Luger, Sudhir Shetty

Vanderbilt Journal of Transnational Law

This article examines the elasticity of DFI in relation to these promotional activities. It also analyzes the effect that agglomeration economies, urbanization economies, and labor market conditions have on DFI. Its specific focus is upon the effect that those four determinants had on new plant start-ups in three separate industries: drug manufacturing, industrial machinery, and motor vehicle production over the 1979-1983 period. (Those industries have been given standard industrial classification (SIC) numbers of 283, 355 + 356, and 371, respectively, by the U.S. Department of Commerce.) The industries are considered separately in order to test the hypothesis that the importance …