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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 …


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.


The Need For An International Investment Consensus-Building Process (达成国际投资共识的必要性), Karl P. Sauvant, Federico Ortino Aug 2013

The Need For An International Investment Consensus-Building Process (达成国际投资共识的必要性), Karl P. Sauvant, Federico Ortino

Karl P. Sauvant

English Abstract: As discussions intensify to improve the international investment regime, it would be desirable to initiate an independent, open-minded, multi-stakeholder international investment consensus-building process to examine the range of issues associated with international investment law, to determine systematically what the concerns are, to discuss how and where to address them, and to propose solutions.

Chinese Abstract: 鉴于改善国际投资体制的热议,需达成一项独立、开放、多利益相关方的国际投资共识来审查与国际投资法相关问题的范围、系统地查明存在的问题、探讨该如何解决这些问题并提出解决方案。

Note: Downloadable document is in Chinese and English.


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 …


Investment To The Fore In Eu-Us Partnership, Karl P. Sauvant Dec 2012

Investment To The Fore In Eu-Us Partnership, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Investment to the fore in EU-US partnership", letter to the editor, Financial Times, June 20, 2013.


A China – Us Bilateral Investment Treaty: A Template For A Multilateral Framework For Investment? (中美双边投资协定:多边投资框架的范本?), Karl P. Sauvant, Huiping Chen Dec 2012

A China – Us Bilateral Investment Treaty: A Template For A Multilateral Framework For Investment? (中美双边投资协定:多边投资框架的范本?), Karl P. Sauvant, Huiping Chen

Karl P. Sauvant

English Abstract: A bilateral investment treaty between China and the US would not only be of importance for the economic relations of the world’s two largest economies, but could also become a template for a multilateral framework for investment. This Perspective looks at key outstanding issues in the China-US negotiations and identifies alternative compromises.

Chinese Abstract: 中美双边投资协定不仅对世界上最大的两个经济体有重要影响,也可以作为一个多边投资框架的范本。本文探讨了中美协商的要点并指出了可能的折衷方案。

Note: Downloadable document is in Chinese and English.


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.


The Times They Are A-Changin’ -- Again -- In The Relationships Between Governments And Multinational Enterprises: From Control, To Liberalization To Rebalancing (政府与跨国公司关系的变化:从控制、自由化到再平衡), Karl P. Sauvant May 2012

The Times They Are A-Changin’ -- Again -- In The Relationships Between Governments And Multinational Enterprises: From Control, To Liberalization To Rebalancing (政府与跨国公司关系的变化:从控制、自由化到再平衡), Karl P. Sauvant

Karl P. Sauvant

English Abstract: After a long period during which governments made the national and international frameworks for foreign investors more welcoming, a number of indicators suggest that a rebalancing is taking place toward an approach that is more protective of sovereigns, allowing governments more policy space to regulate FDI in the public interest.

Chinese Abstract: 在政府长时期推行改善境外投资环境的国家及国际框架后,一系列指标表明正在通过给予政府更多的政策空间来规范公共利益领域的 FDI 以更有效地保护自身主权利益。

Note: Downloadable document is in Chinese and English.


State-Controlled Entities Control Nearly Us$ 2 Trillion In Foreign Assets (国家控制的实体控制近 2 万亿美元的外国资产), Karl P. Sauvant, Jonathan Strauss Apr 2012

State-Controlled Entities Control Nearly Us$ 2 Trillion In Foreign Assets (国家控制的实体控制近 2 万亿美元的外国资产), Karl P. Sauvant, Jonathan Strauss

Karl P. Sauvant

English Abstract: State-controlled entities (SCEs) — especially state-owned enterprises (SOEs) — are important players in the world FDI market. Among the 100 largest MNEs from developed countries and the 100 largest from emerging markets, at least 49 are SOEs. They control nearly US$ 2 trillion in foreign assets, the bulk of them by MNEs headquartered in developed countries. Care needs to be exercised that regulatory initiatives regarding SCEs do not lead to a fragmentation of the international investment law regime.

Chinese Abstract: 国家控制的实体(SCEs)——特别是国有企业(SOEs)——是世界外商直接投资市场上的重要参与者。在最大的100家发达国家跨国公司和新兴市场跨国公司中,至少有 49 家国有企业。他们控制着将近2万亿美元的外国资产, 大部分由总部在发达国家的跨国公司掌控。需要注意的是,对国家控制的实体的监管举措不会国际投资法制度的分裂。

Note: Downloadable document is in Chinese and English.


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.


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 …


Foreword: Impacts Of Emerging Economies And Firms On International Business, Karl P. Sauvant Dec 2011

Foreword: Impacts Of Emerging Economies And Firms On International Business, Karl P. Sauvant

Karl P. Sauvant

As emerging markets become significant outward investors, they face a steep learning curve to meet the internationalization challenge, the host country challenge and the home country challenge. Each challenge requires an in-depth understanding of outward FDI and policy implications related to these challenges.


Sovereign Investment: An Introduction, Wouter P.F. Schmit Jongbloed, Lisa E. Sachs, Karl P. Sauvant Dec 2011

Sovereign Investment: An Introduction, Wouter P.F. Schmit Jongbloed, Lisa E. Sachs, Karl P. Sauvant

Karl P. Sauvant

The authors discuss a number of issues related to the rise of sovereign wealth funds (SWFs) and state-owned enterprises (SOEs) in the world FDI market. More specifically, they review the type of sovereign FDI vehicles, identify the principal concerns related to them (focusing on national security and transparency), discuss the national and supranational policy reactions, and conclude with an outlook. The volume itself contains contributions by Mark Gordon and Sabastian V. Niles; Stephany Griffith-Jones and José Antonio Ocampo; Paola Subacchi; Daniel M. Shapiro and Steven Globerman; Katharina Pistor; Mark A. Clodfelter and Francesca M.S. Guerrero; Rolando Avendaño and Javier Santiso; …


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.


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 …


The Evolving International Investment Regime: Expectations, Realities, Options Jan 2011

The Evolving International Investment Regime: Expectations, Realities, Options

Karl P. Sauvant

The transboundary flow of capital directed at establishing businesses is the engine of the world economy. Approximately 3,000 bilateral and regional investment protection treaties worldwide govern this driver of economic globalization. As might be expected, the international investment regime now competes with the World Trade Organization for global praise and criticism. This volume looks at how these treaties and investor-state arbitrations that apply them accommodate the different expectations of various stockholders, including governments, foreign investors and civil society. The volume’s diverse authors focus especially on the views of developing countries and international civil society. They address the extent to which …


International Investment Law In Transition, Karl P. Sauvant, Jose E. Alvarez Jan 2011

International Investment Law In Transition, Karl P. Sauvant, Jose E. Alvarez

Karl P. Sauvant

Karl P. Sauvant and Jose E. Alvarez, “International Investment Law in Transition,” in Jose E. Alvarez and Karl P. Sauvant, with Kamil Gerard Ahmed and Gabriela del P. Vizcaino, eds., The Evolving International Investment Regime: Expectations, Realities, Options (New York: Oxford University Press, 2011), pp. xxxi-xlii.


Yearbook On International Investment Law And Policy, 2009-2010 Dec 2009

Yearbook On International Investment Law And Policy, 2009-2010

Karl P. Sauvant

The 2009/2010 edition of Investment Yearbook addresses such issues as investment flows, trends in international investment agreements, treaty-based arbitration cases, the procedural side, and ICSID.
The edition includes articles by Persephone Economou and Karl P. Sauvant; Peter Muchlinski; Ian A. Laird, Borzu Sabahi, Fédéric G. Sourgens, and Sobia Haque; Erlend Bakken and Tonje P. Gormley; Emmanuelle Cabrol; Jarrod Wong and Jackson Yackee; Carolyn B. Lamm, Chiara Giorgetti and Hansel T. Pham; Maria Vicien-Milburn and Andreeva; Lee Caplan; Armand de Mestral; Christopher S. Gibson; Louis T. Wells; Anne van Aaken and Jürgen Kurtz; Lauge Skovgaard Poulsen; Jeswald W. Salacuse; and Muthucumaraswamy …


We Must Guard Against Growing Protectionism, Karl P. Sauvant Aug 2009

We Must Guard Against Growing Protectionism, Karl P. Sauvant

Karl P. Sauvant

No abstract provided.


Learning From The Crisis, Karl P. Sauvant May 2009

Learning From The Crisis, Karl P. Sauvant

Karl P. Sauvant

Interview on “Learning from the Crisis” by the Brazilian magazine PiB: Brazilian Companies Go International, vol. 3, No. 7 (May-June 2009), pp. 22-25.