Regulation Of Foreign Investment

The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities. Contents:Introduction (Zdenek Drabek and Petros C Mavroidis)Regulation of Investment in the Trade Régime: From ITO to WTO (Petros C Mavroidis)Domestic, Regional and Multilateral Investment Liberalization (Jorge A Huerta Goldman)Mode 3 of the GATS: A Model for Disciplining Measures Affecting Investment Flows? (Bart De Meester and Dominic Coppens)Labor Standards and Human Rights: Implications for International Trade and Investment (Drusilla K Brown, Alan V Deardorff and Robert M Stern)Interactions Between Subsidies Regulation and Foreign Investment, and the Primacy of the International Trade Regime (Tomer Broude)Environmental Protection (Daniel M Firger and Michael B Gerrard)Technology Transfer: Regulatory Issues and International Investment Agreements (Keith E Maskus)Sovereign Wealth Funds and Political Risk: New Challenges in the Regulation of Foreign Investment (Victoria Barbary and Bernardo Bortolotti)International Tribunals as Agents of Harmonization (Moshe Hirsch)Foreign Acquisitions and National Security: What are Genuine Threats? Whatare Implausible Worries? (Theodore H Moran)Public Services, Investment Liberalization and Protection (Federico Ortino)The EU Approach to Investment (Americo Beviglia Zampetti and Colin Brown)Harmonization of Rules on Foreign Investment (Zdenek Drabek) Readership: Policy makers, negotiators, business councils, NGOs, legal profession (international trade and investment law), economic profession (academics). Keywords:Harmonization;Regulation;Foreign Investment;International EconomicsKey Features:Treatment of “new generation” issues such as human rights or sovereign wealth fundsTreatment of highly controversial issues of harmonization including subsidies, public services and technology transfer or the actual choice whether to harmonize or notAnalysis provided by top international scholarsReviews: “The remarkable collection of papers assembled by Drabek and Mavoridis succeeds both in identifying and explaining in clear terms the most salient questions in the regulation of foreign investment today… The diversity of themes covered in this book make it essential reading for anyone interested in an accessible overview of the latest developments in the regulation of foreign investment.” J. World Trade Review

The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities.

This title was first published in 2002: After the failure of the Multilateral Agreement on Investment (MAI), the world does not have a global investment agreement that would regulate FDI. A global investment agreement dealing with FDI would clearly fill a large gap in the network of regulatory measures governing the world economy. Other attempts had been made prior to the MAI to address this problem, but all have failed so far. The main reason for such failures has always been the lack of compromise in the positions held by the major stakeholders. This book analyses the pros and cons of these opposing positions and uses them as a basis for forging a hybrid model called "Regulated Openness".

Foreign direct investment (FDI) has grown considerably worldwide in recent decades, alongside the no-less considerable development of international ‘supply chains’. In the European Union (EU), stock held by foreign investors exceeds EUR 6 billion, while stock held in the rest of the world by EU investors exceeds EUR 7 billion. This important book analyses the current and proposed regimes of FDI screening in the EU, highlighting mechanisms designed to enhance FDI’s advantages and minimize its drawbacks. Leading practitioners, policymakers and academics discuss the 2017 European Commission proposal on FDI screening and its resulting Regulation, focusing on such issues and topics as the following: the economics of FDI screening; rising protectionism versus further investment liberalization; how the EU framework connects with WTO rules; the dangers of foreign investment in sectors essential to public order and security; how the EU regulatory layer interacts with FDI screening at Member State level; and perceived lacunae in the way the EU addresses incoming FDI. Two detailed examples of how FDI screening works in practice are included, along with a comparative view of FDI screening in the United States. Contributions commenting specifically on the EU Regulation deal with the process of adopting the Regulation and the impact of opposing views, and how the Regulation aligns with EU policy in the areas of trade, investment and competition. Companies engaged in FDI or financial services will appreciate the detailed analysis of issues raised by this new EU policy instrument. Practitioners active in competition law, particularly M&A, will welcome this clear commentary and analysis of a crucial component of EU policy in the related areas of trade and investment, and policymakers will be encouraged to consider whether further regulatory changes are called for.

There have been several significant and interesting changes to the laws and policies under the Investment Canada Act. While there are annotated versions of the Investment Canada Act, there has not been a summary of the law and practice under the Investment Canada Act written since Russell Diegan's book in 1991. This book provides a consolidated updated version of the law, policy and practice under the Investment Canada Act for 2013. Publisher's note.