Foreign Direct Investment

Introduction

Foreign Direct Investment - Research Guide International Law

Foreign Direct Investment (FDI) is a category of investment that reflects the objective of establishing a lasting interest by a resident enterprise in one economy in an enterprise that is resident in an economy other than that of the direct investor. The lasting interest implies the existence of a long-term relationship between the direct investor and the direct investment enterprise and a significant degree of influence on the management of the enterprise. The direct or indirect ownership of 10% or more of the voting power of an enterprise resident in one economy by an investor resident in another economy is evidence of such a relationship.

The International Centre for Settlement of Investment Disputes (ICSID) is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The primary purpose of ICSID is to provide facilities for conciliation and arbitration of international investment disputes. The ICSID Convention is a multilateral treaty formulated by the Executive Directors of the International Bank for Reconstruction and Development (the World Bank). It was opened for signature on March 18, 1965 and entered into force on October 14, 1966. Today, ICSID is considered to be the leading international arbitration institution devoted to investor-State dispute settlement.

This Research Guide is intended as a starting point for research in the field of Foreign Direct Investment (FDI). It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 9i. Capital, Exchange, Credit, Banking, Money, Currency, etc. and subject heading (keyword) Foreign Direct Investment are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Reclamaciones originadas en tratados y reclamaciones originadas en contratos
Reclamaciones originadas en tratados y reclamaciones originadas en contratos / Francisco Orrego Vicuña. - México : Secretaría de Relaciones Exteriores, Consultoría Jurídica, Dirección General del Acervo Histórico Diplomático. - Page 145-153 In: Nuevos diálogos sobre la justicia internacional : ciclo de conferencias / Bernardo Sepúlveda Amor, coordinador, ISBN 9786074460476: (2012), Page 145-153. - 2012
Keywords: Treaties, International contracts, Clauses, Foreign direct investment, International arbitration,

2. TRIPS-Plus Trade and Investment Agreements
TRIPS-Plus Trade and Investment Agreements : Why More May Be Less for Economic Development / Christine Haight Farley In: University of Pennsylvania Journal of International Law = ISSN 1938-0283: vol. 35, issue 4, page 1061-1072. - 2014
Keywords: TRIPS Agreement (Marrakesh, 15 April 1994), Intellectual property, Free trade agreements, Bilateral agreements, Foreign direct investment, Economic development,

3. The Rule of Law at a Crossroad: Enforcing Corporate Responsibility in International Investment through the Alien Tort Statute
The Rule of Law at a Crossroad: Enforcing Corporate Responsibility in International Investment through the Alien Tort Statute / Jennifer M. Green In: University of Pennsylvania Journal of International Law = ISSN 1938-0283: vol. 35, issue 4, page 1085-1111. - 2014
Keywords: United States of America, Alien Tort Claims Act, Corporate responsibility, Human rights, Foreign direct investment,

4. Is Intellectual Property "Investment"?
Is Intellectual Property "Investment"? : Eli Lilly v. Canada and the International Intellectual Property System / Ruth L. Okediji In: University of Pennsylvania Journal of International Law = ISSN 1938-0283: vol. 35, issue 4, page 1121-1147. - 2014
Keywords: North American Free Trade Agreement, Investment arbitration, Investment treaties, TRIPS Agreement (Marrakesh, 15 April 1994), Intellectual property, Foreign direct investment,

5. Defining "National Security"
Defining "National Security" : Resolving Ambiguity in the CFIUS Regulations / Christopher M. Tipler In: University of Pennsylvania Journal of International Law = ISSN 1938-0283: vol. 35, issue 4, page 1223-1284. - 2014
Keywords: United States of America, Foreign direct investment, Committees, National security,

6. In Search of Investment Stability
In Search of Investment Stability / Peter Cameron. - Cheltenham, UK ; Northampton, MA, USA : Edward Elgar. - Page 124-148 In: Research Handbook on International Energy Law / edited by Kim Talus, ISBN 9781781002193: (2014), Page 124-148. - 2014
Keywords: Foreign direct investment, Energy, Energy policy, Petroleum industry, International trade, Oil, Gas, International Centre for Settlement of Investment Disputes,

7. Ancillary Discovery to Prove Denial of Justice
Ancillary Discovery to Prove Denial of Justice / Roger P. Alford In: Virginia Journal of International Law = ISSN 0042-6571: vol. 53, issue 1, page 127-156. - 2012
Keywords: Foreign direct investment, Municipal courts, Denial of justice, Fair administration of justice, Investment arbitration,

8. Análise da decisão "BG Group plc vs. República Argentina" proferdia pela Suprema Corte dos Estados Unidos
Análise da decisão "BG Group plc vs. República Argentina" proferdia pela Suprema Corte dos Estados Unidos : todos os caminhos levam a Roma? / Valerio de Oliveira Mazzuoli, Diego Luis Alonso Massa In: Revista de direito constitucional e internacional = ISSN 1518-272X: vol. 88 (jul.sep), page 211-237. - 2014
Keywords: Argentina, United States of America, Supreme court, Foreign direct investment, Investment arbitration, Bilateral investment treaties, Recognition and execution of foreign arbitral awards, Judgments,

9. How to Neutralize the Bondholder's Treaty Rights of Arbitration in Debt Restructuring
How to Neutralize the Bondholder's Treaty Rights of Arbitration in Debt Restructuring / Professor Yves Nouvel. - München : C.H. Beck. - Page 129-139 In: A Debt Restructuring Mechanism for Sovereigns : Do We Need a Legal Procedure? / edited by Dr. Christoph G. Paulus, ISBN 9783406662584: (2014), Page 129-139. - 2014
Keywords: International Centre for Settlement of Investment Disputes, Government debts, Bilateral investment treaties, Foreign direct investment, Finances, Investment arbitration,

10. The UNCITRAL Rules on Transparency in Treaty-based Investor State Arbitration: Continuing the Evolution of Investment Treaty Arbitration
The UNCITRAL Rules on Transparency in Treaty-based Investor State Arbitration: Continuing the Evolution of Investment Treaty Arbitration / Paul Coates In: International Arbitration Law Review = ISSN 1367-8272: vol. 17, issue 6, page 113-122. - 2014
Keywords: Foreign direct investment, Investment arbitration, Transparency, International disputes, International Centre for Settlement of Investment Disputes, United Nations Commission on International Trade Law,

11. Transfer Provisions of BITs in Times of Financial Crisis
Transfer Provisions of BITs in Times of Financial Crisis / Anna De Luca In: The Italian Yearbook of International Law = ISSN 0391-5107: vol. 23 (2013), page 113-130. - 2013
Keywords: Bilateral investment treaties, Foreign direct investment, Clauses, Balance of payments, Economic crisis, Investment arbitration,

12. Réflexions sur la réglementation de l'investissement privé étranger dans l'espace de l'OHADA
Réflexions sur la réglementation de l'investissement privé étranger dans l'espace de l'OHADA / par Christian Gamaleu Kameni In: Journal du droit international = ISSN 0021-8170: vol. 141, issue 4 (oct-dec), page 1219-1237. - 2014
Keywords: Africa, Organization for the Harmonization of Business Law in Africa, Foreign direct investment,

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  • Llamzon, A.P., Corruption in International Investment Arbitration, Oxford, Oxford University Press, 2014. Showcase item

    Llamzon, A.P., Corruption in International Investment Arbitration, Oxford, Oxford University Press, 2014.

    This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal’s approach, which is an invaluable tool for practitioners engaging in ‘live’ issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the ‘supply’ and ‘demand’ sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.

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  • Giorgetti, Ch. (ed.), Litigation International Investment Disputes : a Practitioner's Guide, Leiden, Boston, Brill Nijhoff, 2014.

    Giorgetti, Ch. (ed.), Litigation International Investment Disputes : a Practitioner's Guide, Leiden, Boston, Brill Nijhoff, 2014.

    Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings – from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners.

    The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.

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  • Bonnitcha, J., Substantive Protection under Investment Treaties : a Legal and Economic Analysis, Cambridge, Cambridge University Press, 2014.

    Bonnitcha, J., Substantive Protection under Investment Treaties : a Legal and Economic Analysis, Cambridge, Cambridge University Press, 2014.

    Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the ‘economic’ justifications for investment treaty protections are much weaker than is generally assumed. As such, the ‘economic’ objectives of investment treaties are not necessarily in tension with other ‘non-economic’ objectives. These findings have important implications for the drafting and interpretation of investment treaties.

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  • Douglas, Z., J. Pauwelyn and J.E. Viñuales (eds.), Foundations of International Investment Law: Bringing Theory into Practice, Oxford, Oxford University Press, 2014. Showcase item

    Douglas, Z., J. Pauwelyn and J.E. Viñuales (eds.), Foundations of International Investment Law: Bringing Theory into Practice, Oxford, Oxford University Press, 2014.

    International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law.

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  • Treves, T., F. Seatzu and S. Trevisanut (eds.) Foreign Investment, International Law and Common Concerns, London, Routledge, 2014.

    Treves, T., F. Seatzu and S. Trevisanut (eds.) Foreign Investment, International Law and Common Concerns, London, Routledge, 2014.

    This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much “regulatory space” investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance.
    In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

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  • Miles, K., The Origins of International Investment Law, Cambridge, Cambridge University Press, 2013.

    Miles, K., The Origins of International Investment Law, Cambridge, Cambridge University Press, 2013.

    International investment law is a complex and dynamic field. Yet, the implications of its history are under-explored. Kate Miles examines the historical evolution of international investment law, assessing its origins in the commercial and political expansionism of dominant states during the seventeenth to early twentieth centuries and the continued resonance of those origins within modern foreign investment protection law. In particular, the exploration of the activities of the Dutch East India Company, Grotius’ treatises, and pre–World War II international investment disputes provides insight into current controversies surrounding the interplay of public and private interests, the systemic design of investor-state arbitration, the substantive focus of principles, and the treatment of environmental issues within international investment law. In adopting such an approach, this book provides a fresh conceptual framework through which contemporary issues can be examined and creates new understandings of those controversies.

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