phd thesis on foreign direct investment

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111 DISSERTATION ON FOREIGN DIRECT INVESTMENT.pdf

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HOW CAN DEVELOPING COUNTRIES AVOID BEING SUED BY FOREIGN INVESTORS: A LOOK AT INTERNATIONAL CENTRE FOR THE SETTLEMENT OF INVESTMENT DISPUTES' REGIME AND CASE ANALYSIS

Dzung M Nguyen

I would like to thank Ms HOANG Nguyen Ha Quyen, partner of LNT & Partners for her consent to share her LL.M Thesis on the motive for countries to sign BITs, MAIs and IIAs in which they refer to the ICSID as the dispute settlement regime. After that, the dissertation will analyze ICSID cases in the views of developing countries by looking on cases involving developing countries. Based on such analysis and findings, the dissertation will put forward some conclusions and recommendations to developing countries on preparations and settlement of those disputes. Ms. Quyen co-founded LNT & Partners and is a partner in charge of the firm’s Corporate M&A practice group. She and her team are known for their work behind the successful completion of numerous high-profile projects, from foreign investments to mergers and acquisitions, restructuring and corporate management. She also advises on labour and IP matters, and has been active in arbitration and dispute settlement. Above all, with more than two decades of experience, Ms Quyen has been recognised by the legal community as one of the few life insurance law experts in Vietnam who has a comprehensive understanding of international insurance regulations and their application under the laws of Vietnam. Ms Quyen has been consistently recommended by Chambers Asia-Pacific as a Corporate/M&A expert. She has also been held in high regard and recommended by asialaw for having “all the important connections and experience” that corporate clients need, in addition to being recognised as a Leading Lawyer in 2015 and a Market-leading Lawyer in 2018 in Corporate/M&A and Employment Her full profile can be found at https://lntpartners.com/home/who-we-are/our-lawyers/ms-nguyen-ha-quyen-hoang/.

Eleni Dimitra Pantopoulou

Veera Mathai

Stabilizations Clauses serve as a tool for mitigating risk for Foreign Investors against the sovereignty of a Host Nation State. It anchors the debate between state's legitimate discretion to regulate in the public interest and potentially conflicting investors' rights under international investment law. Stabilization Clauses which are often broad and general in terms are drafted as a means to camouflage risks and to neglect due diligence with respect to social and environmental standards and provide an opportunity to be compensated for complying with such new standards. This paper examines how stabilization clauses, a widely used risk-management device in investment contracts, may limit a States sovereignty to implement its international obligations and regulatory state functions (such as nondiscrimination, health and safety, labor and employment rights, and the protection of the environment and human rights.) This paper concludes that far reaching stabilization clauses not only fail their objective of investment security but delegitimize investment arbitration and cause policy conflict with international law and thus must be substituted with carefully drafted provisions which account for actual investors and state needs, and give due consideration to evolving norms and standards.

Nida Usman Chaudhary

The ad hoc development of international investment law has resulted in catering to the needs of capital exporting states. However, owing to the weaker bargaining power of the then newly independent capital importing states, no comparable internationally recognized standards of minimum protection of national interests from foreign firms could be formulated, even though such firms today are known to have a profound impact on local economies because of the extensive protection and power they yield through lopsided BITs and other general customary standards of treatment of foreign investment. This paper is therefore an attempt to develop and advocate a new 'national minimum standard of protection' in investment law that focuses particularly on the rights of the host states to regulate their economies and to protect their nationals on the basis of a social contract between the state and the individual. Keywords

Postgraduate Dissertation

Arief Derechten

International Legal Framework should be revised, it should be based on country interest and society interest.

American Review of International Arbitration

Lucas Bento

Fabio C Morosini

This book shows how the current reform in investment regulation is part of a broader attempt to transform the international economic order. Countries in the North and South are currently rethinking how economic order should be constituted in order to advance their national interests and preferred economic orientation. While some countries in the North seek to create alternative institutional spaces in order to promote neoliberal policies more effectively, some countries in the South are increasingly skeptical of this version of economic order and are experimenting with alternative versions of legal ordering that do not always sit well with mainstream versions promoted by the North. While we recognize that there are differences in approaches to the investment regimes proposed by countries in the South, we identify commonalities that could function as the founding pillars of an alternative economic order.

Julia Constanze Elser

This paper analyzes the international regime of investment protection. It examines how international investment treaties and the enforcement of the rights conferred on private investors impact the states’ ability to regulate in public interest towards a sustainable future. Using data collected by UNCTAD, this article depicts the foundations, dynamics and trends of the international investment regime. It explains the reasons for the replacement of customary international law by treaties and the enforcement mechanism. This shows the basic rationale of the system, which is the protection of private business interests, but not a balance between them and public interest. It also demonstrates a shift in role allocation: while formerly developed countries used investment treaties to safeguard their nationals’ outbound FDI, recently they conclude treaties among themselves. Facing exposure to investment arbitration, developed countries’ governments seek to protect public interests especially regarding the adoption and implementation of environmental policies. A scrutiny of model treaties of the 21st century shows that investment treaties generally contain the same protection standards, but states differ significantly in how they express them. The analysis reveals that some states are more cautious than others and do not bank on arbitrators to interpret investment treaties in a regulation-friendly manner. Instead, some states follow the recent trend to incorporate wording aimed at preserving regulatory space. The paper also deals with the criticism of investment arbitration. By reviewing arbitral jurisprudence, I come to the conclusion that tribunals adopt different approaches to reconcile regulatory and private interest but do consider states’ right to regulate by majority. I argue that in the end investment arbitrators are not the right ones to blame for restrictions on regulatory freedom. Instead, investment treaties have been invented for the purpose to restrict regulatory freedom. The experience that the reciprocity of investment agreements can backlash on developed states has changed policymakers approach to negotiating treaties. Governments, not arbitrators are the ones in charge of striking the balance between investment protection and public interest. They have the prerogative power of both negotiating and interpreting treaties. Governments should thus use this power for integrating some scope for the pursuit of sustainability concerns into the international investment regime. While withdrawing from the international system of investment protection would mean throwing the baby out with the bathwater, governments should take clear and specific treaty wording as to regulatory needs for sustainability as a precondition for the conclusion of new treaties. Additionally, they should make an effort to achieve broad international consensus on the interpretation of typical standards of protection.

(Munir) A F M Maniruzzaman

The purpose of this paper is to examine the emerging trends of stabilization in view of the current state of international law in the field. The theme of the paper is approached from three broad perspectives. First, a brief review of the classic stabilization techniques will be offered, followed by an appraisal of the modern ones (which are yet to attract serious scholarly attention and arbitral scrutiny) in international energy contracts with special reference to the emerging innovative pursuit of stability in the cross-border pipeline industry. Although the focus of the present paper is on the energy industry, the discussion will also be relevant to the broader area of international investment. Second, the functional value of stabilization techniques will be examined in light of the arbitral jurisprudence and juristic views. Third, the emerging conceptual perimeter of the normative standards of treaty stabilization of foreign investors’ contractual rights will be critically explored. And, finally some concluding remarks will be made.

Sangwani Patrick Ng'ambi

This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the con tract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country's Development Agreements. The book will be of interest to practitioners, scholars and students of inter national investment law, human rights law and contract law.

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Three Essays on the Impact of Foreign Direct Investment on Productivity

--> Mei, Jen-Chung (2019) Three Essays on the Impact of Foreign Direct Investment on Productivity. PhD thesis, University of Sheffield.

This thesis attempts to provide a better understanding of the role of inward foreign direct investment (FDI) and the productivity relationship by providing both a theoretical and empirical contribution to the existing literature. Chapter 2 studies how inward FDI can affect economic growth. We extend a leader-follower endogenous growth model and highlight theoretically the endogeneity of FDI in a regression on growth, where FDI acts as a bridge linking technology transfer to firms' adaptation activities, which enable developing countries to catch-up with developed countries. We empirically test the main predictions of our theoretical model and we find positive and statistically significant effects of FDI on the relative level of GDP per capita. The subsequent chapter investigates whether current measures of vertical linkages capture the spillover effects from multinational firms to domestic firms. We construct measures of vertical linkages at the firm-level to include the differences in firms' sourcing and supplying strategies within an industry and to better measure vertical spillovers derived from multinational activities. Our newly constructed measures show how the differences in sourcing and supplying activities across firms determine the advent of vertical spillovers. In chapter 4, we exploit alternative mechanisms through which the productivity of domestic firms rises. Our empirical findings suggest that the presence of foreign ownership alters firms' core product competences, skewing firms' production towards their most profitable product lines and then raising firms' productivity. However, the presence of foreign ownership also increases product market competition by reducing markups across all product lines, and this effect further alters firms' production towards their core varieties.

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Developing countries and foreign direct investment

Downloadable content.

• Alhijazi, Yahya Z. D.
• Janda, R. (advisor)
• Along with international trade, foreign direct investment (FDI) has been the engine driving the current economic globalization of the world economy. The growth rate of FDI, which exceeded that of international trade and world output throughout the 1990s, raises important questions regarding the value of FDI to developing countries as host countries to FDI and the role it can play in their development. In an attempt to answer these questions, this thesis tackles the main issues underlining FDI and developing countries. After analysing the pros and cons of FDI for developing countries and other interested parties, this thesis scrutinizes the regulation of FDI as a means to balance the interests of the concerned parties, giving an assessment of the balance of interests in some existing and potential FDI regulations. Furthermore, this thesis highlights the case against the deregulation of FDI and its consequences for developing countries. It concludes by formulating regulatory FDI guidelines for developing.
• Political Science, International Law and Relations.
• Economics, General.
• McGill University
•  https://escholarship.mcgill.ca/concern/theses/qr46r313z
• All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
• Institute of Comparative Law
• Master of Laws
• Theses & Dissertations

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