Foreign Investment Incentive Act

Each national report addresses, among other things, the following issues: - the sources of law and general principle of the law of evidence - the means of evidence - the role of the judge and the parties in the evidence procedure - the evaluation of evidence - the production of evidence - the registration of produced evidence - the possibilities to admit new evidence or to renew evidence in appeal proceedings.

In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.

The purpose of this book is to provide within a single volume a comparative analysis of the tax laws of developed countries bearing upon direct private investment in developing countries, and a representative sample of developing country laws bearing upon the receipt of such investment. This study was initiated by the Tax Committee of the Business Section of the International Bar Association under the leadership of Jean-Claude Goldsmith of the Paris Bar. I undertook to act as the reporter, to browbeat colleagues in other countries to write national reports, and to provide the reporter's overview statement. This report includes studies of fourteen developed countries prepared by national reporters and summaries of five other developed country laws. Note worthy are the detailed examinations of the laws of the Federal Republic of Germany and of Japan, the two developed countries that have provided the most comprehensive system of incentives for private investment in developing countries. Also contained herein are reports from eight developing countries, including a thorough examination of the laws of Brazil. Attention is paid in the developed country reports not only to those tax provisions that act as in inducement to foreign investment but also to those that favor domestic investment and hence act as a disincentive to foreign investment. Relevant double taxation agreements are discussed, and other aspects such as exchange control and government grants are also mentioned.

Academic Paper from the year 2023 in the subject Business economics - Law, grade: A, INES Ruhengeri Institute of Applied Science, language: English, abstract: This study examines whether or not investment incentives are lawful under international law. In contrast with the mainstream literature, this study asserts that investment incentives are neither always efficient nor lawful. The study indicates that the legality of investment incentives depends on how they are used. They will be lawful if they comply with the principle of national treatment and MFN treatment; and will be unlawful if they violate those principles, especially if they benefit domestic investors over foreign investors or if they benefit investors of some countries over investors of other countries. Furthermore, performance requirements may be a test for the legality of investment incentives as host states are not free to impose any kind of performance requirements to the investors, as a condition to accord them incentives. Countries that are members of WTO are not allowed to use performance requirements which are prohibited by TRIMs Agreement like local content requirements, trade balancing requirements and export control requirements.