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China's Outward Foreign Direct Investment And International Investment Law, Karl P. Sauvant, Michael D. Nolan Nov 2015

China's Outward Foreign Direct Investment And International Investment Law, Karl P. Sauvant, Michael D. Nolan

Karl P. Sauvant

As China’s outward foreign direct investment (FDI) has grown, its approach to international investment agreements (IIAs) has changed. China is now one of the world’s most important outward investors, with Chinese FDI facing widespread criticism. The challenge for China is to adapt to this new configuration of interests stemming from these developments, both in terms of its national policies and the contents of its IIAs. In so doing, it is likely to influence, perhaps significantly, the further evolution of international investment law. This article deals briefly with the salient features of China’s outward FDI and the policies that support it; …


Policy Options For Promoting Foreign Direct Investment In The Least Developed Countries, Karl P. Sauvant, Padma Mallampally Sep 2015

Policy Options For Promoting Foreign Direct Investment In The Least Developed Countries, Karl P. Sauvant, Padma Mallampally

Karl P. Sauvant

Foreign direct investment (FDI) plays an important role in the world economy and has the potential to contribute toward accelerating the process of economic growth and sustainable development in the least developed countries (LDCs). This article provides a brief overview of recent trends and patterns in FDI flows to the LDCs, and then takes stock of the policies, programs and measures pursued by host and home countries and by international organizations to stimulate FDI flows to LDCs and increase the benefits for these countries. It then lays out a number of policy proposals on how flows to LDCs, and the …


An International Support Programme For Sustainable Investment Facilitation, Karl P. Sauvant, Khalil Hamdani Jul 2015

An International Support Programme For Sustainable Investment Facilitation, Karl P. Sauvant, Khalil Hamdani

Karl P. Sauvant

The world’s investment needs are huge. Just meeting the Sustainable Development Goals requires, annually, trillions of dollars. Massive private investment, including foreign direct investment (FDI), has to be mobilized for this purpose. However, especially the least developed countries simply lack the capacity to compete successfully in the highly competitive FDI world market to obtain the required funds. They need assistance – not only to obtain more FDI but sustainable FDI, to advance sustainable development. This paper raises the question of the need to define “sustainable FDI” and calls for an international support program for sustainable investment facilitation.


Attracting Foreign Direct Investment And Benefiting From It: Challenges For The Least Developed Countries, Karl P. Sauvant Jun 2015

Attracting Foreign Direct Investment And Benefiting From It: Challenges For The Least Developed Countries, Karl P. Sauvant

Karl P. Sauvant

The challenge to attract FDI to least developed countries (LDCs) is twofold: to help increase FDI flows to LDCs; and to increase the contribution that the FDI flows that LDCs receive make to the development of host economies. Economic determinants, an enabling regulatory framework and investment promotion are crucial elements for attracting FDI that will ultimately enhance the contribution of TNCs to the economic growth and development of LDCs.


Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant Mar 2015

Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant

Karl P. Sauvant

Presented the “AIM Investment Report 2015: Trends and Policy Challenges" at the opening of the “Annual Investment Meeting” in Dubai, 30-31 March 2015.


Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant Jan 2015

Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant

Karl P. Sauvant

In the foreign-direct-investment world, the year 2014 was characterized by policy discussions, especially about the nature of the international investment law and policy regime, its investor-state dispute-settlement mechanism, the role of bilateral investment treaties, and the question of rules for state-owned enterprises. This discussion took place against the backdrop of a decline in world FDI flows by multinational enterprises and the growing attractiveness of emerging markets as host countries and the further rise of outward FDI from these countries.


The International Investment Law And Policy Regime: Challenges And Options, Karl P. Sauvant Jan 2015

The International Investment Law And Policy Regime: Challenges And Options, Karl P. Sauvant

Karl P. Sauvant

International investment—more specifically, foreign direct investment (FDI)—has become the most important vehicle to bring goods and services to foreign markets. In addition, FDI integrates the national production systems of individual countries and is in the process of creating an integrated international production system, the productive core of the globalising world economy. Against the background of the salient features of FDI and the emerging integrated international production system, this paper seeks to do three things—one, to discuss the evolution of national FDI policies; two, to review challenges for the international investment law and policy regime; and, three, to identify options on …


Attracting Fdi And Benefiting From It: Challenges For The Least Developed Countries, Karl P. Sauvant Nov 2014

Attracting Fdi And Benefiting From It: Challenges For The Least Developed Countries, Karl P. Sauvant

Karl P. Sauvant

Spoke on “Attracting FDI and Benefiting From It: Challenges for the Least Developed Countries,” at an event on “Investment Promotion Regimes for Foreign Direct Investment in the Least Developed Countries,” held by the Second Committee of the UN's General Assembly, New York, 24 November 2014. The presentation was subsequently published in the Transnational Corporations Review, vol. 7, no. 2 (June 2015), pp. 125-127.


Trends In Fdi, Home Country Measures And Competitive Neutrality, Karl P. Sauvant, Persephone Economou, Ksenia Gal, Shawn Lim, Witold P. Wilinski Oct 2014

Trends In Fdi, Home Country Measures And Competitive Neutrality, Karl P. Sauvant, Persephone Economou, Ksenia Gal, Shawn Lim, Witold P. Wilinski

Karl P. Sauvant

This chapter focusses on measures that home countries have in place to facilitate and encourage outward FDI, the conditions under which these are available and implications for competitive neutrality.


G7 Move For Fair And Stable Contracts Can Be A Boon To Developing Economies, Karl P. Sauvant Jul 2014

G7 Move For Fair And Stable Contracts Can Be A Boon To Developing Economies, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "G7 Move for Fair and Stable Contracts Can be a Boon to Developing Economies,” letter to the editor, Financial Times, 10 July 2014.


Foreword: Yearbook On International Investment Law & Policy 2012-2013, Karl P. Sauvant Jan 2014

Foreword: Yearbook On International Investment Law & Policy 2012-2013, Karl P. Sauvant

Karl P. Sauvant

The author introduces the 2012-2013 Investment Yearbook, discussing the evolution of the international investment law and policy regime and investor-state-dispute-settlement. He highlights the new reality of a growing number of emerging markets becoming outward investors, leading to a fundamental shift in the interest situation of a growing number of countries regarding the investment regime.


Challenges For China's Outward Fdi, Karl P. Sauvant Oct 2013

Challenges For China's Outward Fdi, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Challenges for China's Outward FDI,” op. ed., China Daily, 31 October 2013.


Advancing Domestic Development Through Overseas Investment, Karl P. Sauvant, Victor Zitian Chen Jan 2013

Advancing Domestic Development Through Overseas Investment, Karl P. Sauvant, Victor Zitian Chen

Karl P. Sauvant

Strongly politically tied state-owned enterprises, tax-havens and offshore financial centers, and outward investment promotional measures characterize China’s rise to become the world’s third largest outward investor. The article furthermore discusses why the Chinese government supports outward FDI.


Prospering In The United States, Karl P. Sauvant Jan 2013

Prospering In The United States, Karl P. Sauvant

Karl P. Sauvant

Japan’s previous experience as new kids on the (FDI) block in the US can help guide China’s rise to success in that market. Thoughtful navigation of stakeholder management, political processes, and institutional systems can help avoid negative publicity. By approaching slowly though greenfield investments in place of M&As and assembly facilities as a stepping stone to full local production and attention to corporate social responsibility (CSR), China can focus efforts on local integration and the creation of linkages without damaging their brand. These strategies will help form strong networks through which China can build its brand and become insiders in …


Improving The International Investment Law And Policy Regime: Options For The Future Jan 2013

Improving The International Investment Law And Policy Regime: Options For The Future

Karl P. Sauvant

The international investment regime faces broader challenges, as reflected especially in the discussions regarding the investor-state dispute-settlement mechanism and the quest to make the international investment regime more oriented toward sustainable development objectives and to strengthen disciplines for the behavior of multinational enterprises. A number of options of how the regime can be improved are laid out in this booklet, including engaging in fact finding processes; establishing consensus-building working groups; formulating a model international investment agreement; building specific mechanisms to improve the investment regime. and commencing intergovernmental processes. An international investment consensus-building process is advocated to facilitate the improvement of …


Inward And Outward Fdi Country Profiles, Second Edition Jan 2013

Inward And Outward Fdi Country Profiles, Second Edition

Karl P. Sauvant

The key role MNEs play in the global economy through international investment, and the changing landscape of such investment as MNEs as well as host and home economies adjust to changing conditions and objectives, make it important to understand trends and developments with respect to FDI and the policy context in which they take place. This second edition of country profiles seeks to contribute to such an understanding by bringing together, in a single collection, the country profiles on inward and outward FDI prepared as part of the Columbia FDI Profiles series. Authored and peer-reviewed by scholars from around the …


Foreign Direct Investment By Emerging Economy Multinationals: Coping With The Global Crisis, Geraldine Mcallister, Karl P. Sauvant Jan 2013

Foreign Direct Investment By Emerging Economy Multinationals: Coping With The Global Crisis, Geraldine Mcallister, Karl P. Sauvant

Karl P. Sauvant

Even before the onset of the global crisis, the global market for foreign direct investment (FDI) had undergone significant changes. Foremost amongst these changes was the increasing importance of emerging market1 multinationals (MNEs). While outward foreign direct investment (OFDI) from these markets is, in itself, not new, the magnitude that this phenomenon achieved prior to the crisis and its resilience in the face of the global crisis suggest that this is not a temporary occurrence but rather a sign of a fundamental change that is taking place in the global OFDI market. However, emerging markets are not homogenous: in addition …


Equal Treatment For Outward Investors, Karl P. Sauvant Jun 2012

Equal Treatment For Outward Investors, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Equal Treatment for Outward Investors,” Project Syndicate, 12 June 2012.


Sovereign Investment: Concerns And Policy Reactions Jan 2012

Sovereign Investment: Concerns And Policy Reactions

Karl P. Sauvant

The volume provides a holistic examination and interdisciplinary analysis of issues relating to foreign direct investment by sovereign wealth funds (SWFs) and state-owned enterprises (SOEs). SWFs currently hold over $5 trillion worth of funds. SOEs control more than $2 trillion in foreign assets. What rules and procedures do – and should -- govern sovereign investment? The editors address these and other questions in a collection of essays by leading authorities from the IMF, academic institutions, law firms, multinational enterprises, and think tanks. Together, they analyze how sovereign investment has helped to limit the effects of the current global economic crisis, …


Yearbook On International Investment Law And Policy, 2011-2012 Jan 2012

Yearbook On International Investment Law And Policy, 2011-2012

Karl P. Sauvant

Karl P. Sauvant, ed., Yearbook on International Investment Law and Policy, 2011-2012 (New York: Oxford University Press, 2012).


New Kid On The Block Learning The Rules, Karl P. Sauvant Jan 2012

New Kid On The Block Learning The Rules, Karl P. Sauvant

Karl P. Sauvant

As the new kids on the block, Chinese multinational enterprises (MNEs), the fourth largest outward investors, face a wide variety of challenges, such as building integrated international production networks, accessing international markets through mergers and acquisitions and learning to be good corporate citizens in their host countries. As Chinese firms become regular players in the global FDI market, they will continue to improve their corporate competitiveness and contribute to the development of host countries.


Fdi Perspectives: Issues In International Investment, 2nd Edition Jan 2012

Fdi Perspectives: Issues In International Investment, 2nd Edition

Karl P. Sauvant

This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.


Negotiations On The Bilateral Investment Treaty Between China And The Usa: Consensus, Controversies And Prospect (In Chinese), Karl P. Sauvant, Huiping Chen Jan 2012

Negotiations On The Bilateral Investment Treaty Between China And The Usa: Consensus, Controversies And Prospect (In Chinese), Karl P. Sauvant, Huiping Chen

Karl P. Sauvant

The negotiation on the bilateral investment treaty between China and the USA in October 2012. So far, the two parties have almost reached agreements on preamble, scope of investor, most-favored-nation treatment, fair and equitable treatment, indirect expropriation, and denial of benefits. The controversies between the two parties focus on national treatment, performance requirement, labor and environment standard, and some provisions on investor-state dispute settlement. Among them, the most disputed and difficult issue is national treatment. The authors suggest some constructive solutions to these controversial issues, and believe that the future concluded China-US BIT based on negotiations and compromise will play …


You Don’T Have To Be Big To Be A Multinational, Karl P. Sauvant Aug 2011

You Don’T Have To Be Big To Be A Multinational, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, “You Don’t Have to be Big to be a Multinational,” letter to the editor, Financial Times, 25 August 2011.


Overcoming Liability For Foreignness, Karl P. Sauvant May 2011

Overcoming Liability For Foreignness, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Overcoming Liability for Foreignness,” op. ed., China Daily, 23 May 2011.


Learning From Experience: An Interview With Three Experts, Karl P. Sauvant May 2011

Learning From Experience: An Interview With Three Experts, Karl P. Sauvant

Karl P. Sauvant

Interview, under the title “Learning from Experience: An Interview with Three Experts,” Political Risk Insurance Newsletter, vol. VII, issue 1, May 2011, pp. 1, 4-8.


China: Inward And Outward Foreign Direct Investment, Karl P. Sauvant Mar 2011

China: Inward And Outward Foreign Direct Investment, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, “Preface,” in Hugh Deng, Hang Wu, Gloria Yuan, and Jingfeng Zhao, eds., Transnational Corporations in China: Research and Development (Ottawa: Ottawa Learning Academy, The School of Economics and Management and Northwest University (China), 2010). The text was reprinted (slightly adapted), under the title “China: Inward and Outward Foreign Direct Investment,” in Transnational Corporations Review, vol. 3, no. 1 (March 2011), pp. i-iii.


Transnational Corporations, Vol. 20, No. 1 Jan 2011

Transnational Corporations, Vol. 20, No. 1

Karl P. Sauvant

Karl P. Sauvant and Miles Killingsworth, Guest Editors, Transnational Corporations, vol. 20, no. 1 (April 2011).


Yearbook On International Investment Law And Policy, 2010-2011 Jan 2011

Yearbook On International Investment Law And Policy, 2010-2011

Karl P. Sauvant

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment law & Policy 2010-2011 addresses current developments and salient trends in international investment law and policy. the current volume includes a Symposium on the new EU competency and chapters addressing such central issues as essential security clauses, climate change law, land acquisitions, State-controlled entities, …


Reports Of Overseas Private Investment Corporation Determinations Jan 2011

Reports Of Overseas Private Investment Corporation Determinations

Karl P. Sauvant

This comprehensive two-volume work is a collection of determinations from OPIC, the US governmental political risk insurance provider, in the form of its Memoranda of Determinations from 1966 to 2010. This reference work is the first to make the underlying primary material available to the investment law, political risk and academic communities. The authors have made the claims determinations more accessible with the inclusion of headnote summaries for all determinations. The determinations reflect the decisions of OPIC under US and international law and therefore have a significant impact on its future claims determinations. They reveal what types of claims have …