Law Commons^™

(Not) Right On Time: Interpretation Of "Pertinent Time" For Bancec Alter Ego Analysis And Its Effect On Attaching Foreign Sovereign Assets, James Hardman

University of Cincinnati Law Review

No abstract provided.

Facilitating Investment Through Iias: The Case Of The Regional Comprehensive Economic Partnership Agreement, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

As many recently concluded IIAs, the RCEP agreement includes provisions on investment facilitation. Following ASEAN’s “built-in work program” approach, the agreement provides flexibility for RCEP parties to further implement investment facilitation measures. Such flexibility can arguably be an opportunity to set a collaborative framework for investment facilitation in the region.

Preparing Legal Frameworks For Environmental Disasters: Practical Considerations For Host States, Brooke Guven, Perrine Toledano, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

Projects in the extractives sector carry risks of lasting, and sometimes irreversible, damage to the environment. Nonetheless, these projects are important for accelerating the economic development of host countries. Governments seeking to mitigate the adverse effects of foreign investment often face pushback from investors that are unwilling to change their practices in order to avert environmental disaster. This report sets forth certain steps that host-governments can take during the pre-investment, operation, and enforcement phases of extractives projects to provide financial and other protection in the context of environmental disasters associated with private sector investments.

Upon comparative review of five Case …

Designing A Robust Tax System For Nigeria: Lessons From An International Perspective, Olukemi Tawoju

LLM Theses

This thesis argues that Nigeria can adapt its tax system for better gain from investment and other taxation. It outlines the foundation for a good tax policy, and explores initiatives by the Organisation for Economic Co-operation and Development (OECD and the United Nations (UN) regarding harmful tax practices and tax incentives. Their recommendations and those of scholars, conclude that tax incentives are ineffective in attracting foreign direct investment, may result in taxpayer abuse, and erode the revenue base of capital importing countries like Nigeria. Utilizing internationally accepted features on effective tax incentive design, examining the operation of the Nigerian tax …

Legal Prospects For Creating A Favorable Investment Sphere In The Republic Of Uzbekistan, M.U. Kurbonov

Review of law sciences

This article reveals the basic prerequisites for improving the legislation of the Republic of Uzbekistan in the field of investment activities. Also, proposals for the revision of the regulatory and legal framework of our country and the removal of barriers arising in practice are reflected as well.

Features Of Legal Regulation Of Investors Activity In The Territory Of Free Economic Zones, M. Qurbonov

Review of law sciences

this article highlights the measures to improve the investment climate in the special economic zones of the Republic of Uzbekistan, to heighten the level of attracting foreign investment, the main means to protect the interests of participants in special economic zones

You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon

Articles

The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …

De-Fanging The Mai, Mark Vallianatos

Mark Vallianatos

No abstract provided.

Mineral Taxation And Resource Nationalism In Zambia, Sangwani Patrick Ng’Ambi

Southern African Journal of Policy and Development

This article examines the resource nationalism cycle in Zambia. The resource nationalism cycle has episodically plagued investors in resource rich nations. Host states, lacking the financing and technical know-how, invite foreign investors to explore and exploit their vast natural resources. The former offer all sorts of fiscal incentives to appear attractive to the latter. Once operations commence and the resource experiences a sustained upward growth trend, the host state may retract the fiscal incentives previously offered, or simply nationalise assets, in a bid to exercise greater control over their natural resources and maximise the benefits accruing from high prices. The …

Outcome Report Of Roundtable On Human Rights Impact Assessments (Hrias) Of Large-Scale Foreign Investments, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

CCSI, the Sciences Po Law School Clinic, and the Columbia Law School Human Rights Institute recently published an outcome document of a one-day roundtable focused on the opportunities and challenges presented by human rights impact assessments (HRIAs) of large-scale foreign investments. The roundtable, which was held in April 2014 at Columbia University, provided an opportunity for collaborative reflection on the development of HRIAs, as well as on ways to enhance HRIAs as a framework and tool for both human rights advocacy and human rights risk management in respect of foreign investments.

By sharing the outcomes of the roundtable, this document …

Differentiating Among International Investment Disputes, Julie A. Maupin

Faculty Scholarship

Can investor-state arbitration tribunals, which exercise jurisdiction over limited claims involving discrete parties, render awards that deliver individualized justice while also promoting systemic fairness, predictability and coherence? The answer, I argue, is a qualified yes – provided that the methods employed are tailored to the particular characteristics of each dispute. Using three well-known investment arbitrations as case studies, I illustrate that investor-state disputes vary widely in terms of their socio-legal, territorial, and political impacts. Significant variances along these three dimensions call for a differentiated approach to investor-state dispute resolution. I outline what such an approach might look like and analyze …

Public And Private In International Investment Law: An Integrated Systems Approach, Julie A. Maupin

Faculty Scholarship

Members of the invisible college of international investment lawyers are engaged in a fierce battle over the conceptual foundations of their common legal enterprise. The debate centers on whether the international legal regime governing foreign direct investment is a de facto transnational public governance system or merely an institutional support structure for the settlement of essentially private investment disputes. These attempts to establish the public versus private nature of the regime are misconceived. International investment law deals with both public and private concerns, impacts upon both public and private actors, and crosses over traditional divides separating public law from private …

Mechanisms Of Control On The Circulation Of Foreign Capital, Products And People In Brazil, Quinn Smith, Olavo Franco Bernardes

University of Miami Inter-American Law Review

No abstract provided.

Sovereign Investing And Markets-Based Transnational Rule Of Law Building: The Norwegian Sovereign Wealth Fund In Global Markets, Larry Catá Backer

American University International Law Review

No abstract provided.

Where Should Europe’S Investment Path Lead?: Reflections On August Reinisch, “Quo Vadis Europe?”, Julie A. Maupin

Faculty Scholarship

Relative to the past policies of its Member States, will the European Union’s new comprehensive international investment policy constitute a step forward, a step backward, or a perpetuation of the status quo? Professor Reinisch’s contribution to this volume opens a wide window on the current state of the debate. His cogent analysis suggests that, at present, all three possibilities remain live ones, although some basic contours of a likely trajectory are beginning to take shape. I use his musings as a springboard to investigate two questions which follow naturally from his. That is, in view of Professor Reinisch’s response to …

Transparency In International Investment Law: The Good, The Bad, And The Murky, Julie A. Maupin

Faculty Scholarship

How transparent is the international investment law regime, and how transparent should it be? Most studies approach these questions from one of two competing premises. One camp maintains that the existing regime is opaque and should be made completely transparent; the other finds the regime sufficiently transparent and worries that any further transparency reforms would undermine the regime’s essential functioning. This paper explores the tenability of these two positions by plumbing the precise contours of transparency as an overarching norm within international investment law. After defining transparency in a manner befitting the decentralized nature of the regime, the paper identifies …

China In Africa And The Law, Salvatore Mancuso

Annual Survey of International & Comparative Law

This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.

This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …

Investor-State Disputes Under Nafta: A Tale Of Fear And Equilibrium, Charles H. Brower Ii

Pepperdine Law Review

No abstract provided.

Don't Get Bit: Addressing Icsid's Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli

Pepperdine Law Review

No abstract provided.

The Evolution Of Investment-State Dispute Resolution In Nafta And Cafta: Wild West To World Order, Jeffrey T. Cook

Pepperdine Law Review

No abstract provided.

Foreign Investment Contracts In The Oil & Gas Sector: A Survey Of Environmentally Relevant Clauses, Kyla Tienhaara

Sustainable Development Law & Policy

No abstract provided.

Investment Agreements & Sustainable Development: The Non-Discrimination Standards, Marcos Orellana

Sustainable Development Law & Policy

No abstract provided.

The Enron V. Argentina Annulment Decision: Moving A Bishop Vertically In The Precarious Icsid Syste, Michael Wilson

University of Miami Inter-American Law Review

No abstract provided.

Transnational Corporations As Steering Subjects In International Economic Law: Two Competing Visions Of The, Karsten Nowrot

Indiana Journal of Global Legal Studies

Transnational corporations (TNCs) not only occupy an important status as economic actors on the international scene, but they are also political actors who are increasingly involved in the progressive development and enforcement of the regulatory structures of the international economic system. Against this background, this article focuses on the current status and potential future development of TNCs as steering subjects in international economic law (IEL). It evaluates the role played by this category of nonstate actors in two of the central public international law fields of IEL, namely the legal order of the World Trade Organization (WTO) and the international …

A South American Energy Treaty: How The Region Might Attract Foreign Investment In A Wake Of Resource Nationalism, Jason Pierce

Cornell International Law Journal

No abstract provided.

Fee Shifting In Investor-State Arbitration: Doctrine And Policy Justifying Application Of The English Rule, David P. Riesenberg

Duke Law Journal

In investor-state arbitration, tribunals can and should apply the English rule on legal costs and abandon the two alternatives, the American rule and the pro-claimant rule. Under the English rule, the unsuccessful party in a dispute must indemnify the prevailing party for the costs of dispute resolution. Both doctrine and public policy support the application of the English rule, particularly in light of the much-publicized backlash against the investor-state arbitration system. Most importantly, the English rule would help to mitigate the two most commonly identified causes of the backlash the system's alleged proinvestor bias and its chilling effect on host …

Trade And Investment Treaties, The Rule Of Law, And Standards Of The Administration Of Justice, Alejandro M. Garro, Stephen J. Schnably, Pedro Martinez Fraga, David Abraham

University of Miami Inter-American Law Review

No abstract provided.

International Investment, Expropriation And Environmental Protection, J. Martin Wagner

Golden Gate University Law Review

After a brief description of the relationship between foreign investment and the environment in Part II, the Article will describe the protection against expropriation provided by international agreements, briefly discussing bilateral investment agreements and then detailing the protection provided by NAFTA and the MAI in Part III. Part IV will then describe the challenges to environmental laws that have been brought under NAFTA's investment chapter. Next, Part V will examine the treatment of indirect expropriation under U.S. and international law. Part VI will demonstrate that, under NAFTA and international expropriation and environmental law, environmental measures should not normally give rise …

The Ubs/Irs Settlement Agreement And Cayman Island Hedge Funds, Chris Horton

University of Miami Inter-American Law Review

No abstract provided.

A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson

American University International Law Review

This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for …