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The BRIC States and Outward Foreign Direct Investment

The BRIC States and Outward Foreign Direct Investment Author David Collins
ISBN-10 9780191641671
Release 2013-03-14
Pages 256
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This book examines the relatively recent and under-explored phenomenon of outward foreign direct investment (FDI) from the large emerging market countries, focusing on the four BRIC states (Brazil, Russia, India, and China) and on the services sector meaning primarily telecommunications, finance, and transport. It considers the international legal framework governing FDI, discussing the nature and extent of the bilateral and regional investment treaty commitments undertaken by each of the BRIC states, including their commitments under the WTO General Agreement on Trade in Services, as well as their obligations as members of the International Monetary Fund and the World Bank. Drawing on trends observed in the regulatory approach of these countries to FDI in services, including the observed flow of FDI both to and now from the developing world, the book proposes a multilateral investment treaty aimed at the liberalization and protection of FDI in services. The treaty will capture the emerging equilibrium in global FDI patterns signifying a unified approach to the regulation of foreign investment in the growing services economy by developing and developed economies alike. The treaty will strengthen the legitimacy of investor-state dispute settlement and recognize public interest norms such as environmental protection and human rights as well as allow signatories to retain sovereignty over matters relating to national security and economic stability.

Emissions Trading Schemes under International Economic Law

Emissions Trading Schemes under International Economic Law Author James Munro
ISBN-10 9780192563859
Release 2018-08-16
Pages 224
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The announcement by China that it will implement a national emissions trading scheme confirms the status of this instrument as the pre-eminent policy choice for mitigating climate change. China will join the dozens of existing and emerging schemes around the world - from the EU to California, South Korea to New Zealand - that use carbon units (otherwise known as emissions permits or carbon credits) to trade in greenhouse gas emissions in a multi-billion dollar global carbon market. However, to date, there has been no consensus about this pre-eminent policy instrument being regulated by international economic law through the World Trade Organization, international investment agreements, and free trade agreements. Munro addresses this issue by evaluating whether carbon units qualify as 'goods', 'services', 'financial services', and 'investments' under international economic law and showing how international economic law applies to emissions trading scheme in diverse and unexpected ways. Further, by engaging in a comparative assessment of schemes around the world, his book illustrates how and why all emissions trading schemes engage in various forms of violations of international economic law which would not, in most instances, be justified by environmental or other exceptions. In doing so, he demonstrates how such schemes can be designed or reformed in ways to ensure their future compliance.

Small and Medium Sized Enterprises in International Economic Law

Small and Medium Sized Enterprises in International Economic Law Author Thilo Rensmann
ISBN-10 9780198795650
Release 2017-05-04
Pages 370
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International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an importantrole in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEsincreasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate.Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legalpractice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade inservices, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular,concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economiclaw.

Emerging Economies and Firms in the Global Crisis

Emerging Economies and Firms in the Global Crisis Author Marin Marinov
ISBN-10 9781137277466
Release 2012-11-14
Pages 390
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The authors of this volume explore the impact of the global crisis on emerging economies and firms and their response to it. The ways in which the leading emerging economies of Brazil, Russia, India and China (BRIC) are dealing with the challenges of the global crisis are complemented by the approaches applied by countries and firms from Central and Eastern Europe. This is a pioneering volume shedding light into the successful international activities of the emerging economies in the global crisis. Offering a variety of perspectives, the chapters deal with the successful application of specific modes of market entry of BRIC economies in developed countries; the ways in which Russian, Indian, Chinese, but also Polish, Slovene and Estonian firms, have coped with the challenges of the global crisis.

New Voices in Investment

New Voices in Investment Author Laura Gómez-Mera
ISBN-10 9781464803727
Release 2014-12-03
Pages 112
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This study analyzes the characteristics, motivations, strategies, and needs of FDI from emerging markets. It draws from a survey of investors and potential investors in Brazil, India, South Korea, and South Africa.

Foreign Direct Investments from Emerging Markets

Foreign Direct Investments from Emerging Markets Author K. Sauvant
ISBN-10 9780230112025
Release 2010-10-18
Pages 469
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Collected here are papers from the conference, Thinking Outward, which dealt with a range of issues related to the key players in this process - firms, home countries and host countries and the book will have a foreword from Jeffrey Sachs. In the wake of the financial crisis, these issues remain increasingly critical for developing countries.

Compensation and Restitution in Investor State Arbitration

Compensation and Restitution in Investor State Arbitration Author Borzu Sabahi
ISBN-10 9780199601189
Release 2011-06-30
Pages 256
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This is a concise guide for lawyers, valuation experts, academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.

Global Perspectives on Trade Integration and Economies in Transition

Global Perspectives on Trade Integration and Economies in Transition Author Erokhin, Vasily
ISBN-10 9781522504528
Release 2016-06-16
Pages 407
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In the era of globalization, foreign trade has an immense impact upon modern economies. To succeed in the global marketplace, sustainable development in trade practices is an imperative goal for countries to reach. Global Perspectives on Trade Integration and Economies in Transition is an authoritative reference source for the latest research on the dynamics of transitional economies and how certain obstacles can disrupt the effectiveness of the transition process. Highlighting the value of trade incorporation at the national and international levels, this book is ideally designed for researchers, professionals, government officials, policy makers, and upper-level students interested in the intersection of globalization, trade, and international economics.

The Effect of Treaties on Foreign Direct Investment

The Effect of Treaties on Foreign Direct Investment Author Karl P Sauvant
ISBN-10 9780199745180
Release 2009-03-27
Pages 800
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Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.

Development at the WTO

Development at the WTO Author Sonia E. Rolland
ISBN-10 9780199600885
Release 2012-02-23
Pages 361
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With the Doha Round on the rocks, the tension between the WTO's trade liberalization agenda and the development needs of many member states is more pronounced than ever. This book looks at the position of developing countries at the WTO from an institutionalist perspective and presents a range of proposals for change.

Multinational Corporations from Emerging Markets

Multinational Corporations from Emerging Markets Author A. Nölke
ISBN-10 9781137359506
Release 2014-07-01
Pages 232
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The rise of multinational corporations (MNCs) from emerging markets has been a major development during the last decade. An important feature of emerging market MNCs is their close relationship with home states. The book investigates this special kind of relationship and explores how it affects the cross-border activities of these corporations.

Emerging Market Firms in the Global Economy

Emerging Market Firms in the Global Economy Author Chinmay Pattnaik
ISBN-10 9781784410650
Release 2014-11-07
Pages 260
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The adoption of pro-market economic reforms by emerging market economies in last two decades has transformed the institutional context for firms in these economies. The objective of this volume is to better understand how domestic and foreign firms have transformed their strategy, organization and management system in response to this change.

International Investment Law and the Global Financial Architecture

International Investment Law and the Global Financial Architecture Author Christian J. Tams
ISBN-10 9781785368882
Release 2017-02-24
Pages 384
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This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.

Emerging Economies and the Transformation of International Business

Emerging Economies and the Transformation of International Business Author Subhash Chandra Jain
ISBN-10 STANFORD:36105123378486
Release 2006
Pages 549
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The economic power of Brazil, Russia, India and China (BRICs) is rapidly increasing, changing the landscape of global economics and politics. Top scholars of international business address in this vital volume the markets, strategy implications, challenges and possibilities of this new economic reality. As these four nations acquire greater economic clout, the opportunities for other countries increase. The contributors describe the favorable circumstances these evolving economies could provide for the US and other countries, such as expanded markets and services, higher returns on investments, and new partners in building a more peaceful and prosperous world. In contrast, they also discuss risks to traditional industries and possible challenges to positions on human rights and intellectual property protections, environmental standards, free markets and democratic governments. The volume emphasizes the need for companies to adopt strategies to stay ahead in the changing business environment. Governments must also design and implement new policies geared toward mutually beneficial relationships with BRICs. This enlightening study will be of great interest to students and scholars of international business. Executives of large companies will find it of great practical use when planning their organization's future strategies.

The Regulation of International Trade

The Regulation of International Trade Author Petros C. Mavroidis
ISBN-10 9780262029995
Release 2016-03-29
Pages 888
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The General Agreement on Tariffs and Trade (GATT) has extended its institutional arsenal since the Kennedy round in the early 1960s. The current institutional design is the outcome of the Uruguay round and agreements reached in the ongoing Doha round (begun in 2001). One of the institutional outgrowths of GATT is the World Trade Organization (WT0), created in 1995. In this book, Petros Mavroidis offers a detailed examination of WTO agreements regulating trade in goods, discussing legal context, policy background, economic rationale, and case law. Each chapter examines a given legal norm and its subsequent practice. In particular, he discusses agreements dealing with customs clearance; "contingent protection" instruments, which allow WTO members unilaterally to add to the negotiated amount of protection when a certain contingency (for example, dumping) has occurred; TBT (Technical Barriers to Trade) and SPS (Sanitary and Phyto-sanitary Measures) agreements, both of which deal with such domestic instruments as environmental, health policy, or consumer information; the agreement on Trade Related Investment Measures (TRIM); sector-specific agreements on agriculture and textiles; plurilateral agreements (binding a subset of WTO membership) on government procurement and civil aviation; and transparency in trade relations. This book's companion volume examines the GATT regime for international trade.

Domestic Law in International Investment Arbitration

Domestic Law in International Investment Arbitration Author Jarrod Hepburn
ISBN-10 9780198785736
Release 2017-02-23
Pages 240
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Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

Making Foreign Direct Investment Work for Sub Saharan Africa

Making Foreign Direct Investment Work for Sub Saharan Africa Author Thomas Farole
ISBN-10 9781464801273
Release 2014-01-13
Pages 298
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This book presents the results of a groundbreaking study on spillovers of knowledge and technology from global value-chain oriented foreign direct investment (FDI) in Sub-Saharan Africa, and discusses implications for policymakers hoping to harness the power of FDI for economic development.