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.

New titles


1. Reconsidering Treaty-Making in India
Reconsidering Treaty-Making in India : an Argument for Reform through the Prism of International Investment Agreements / Sudhanshu Roy In: Indian Journal of International Law = ISSN 0019-5294: vol. 54, issue 3-4 (jul-dec), page 317-367. - 2014
Keywords: India, Foreign direct investment, Treaty-making power, Reform,

2. From "Bilateral" to "Trilateral", Emperical Evidence, Qualitative Research, and Policy Suggestions on International Investment Agreements among China, Japan, and Korea
From "Bilateral" to "Trilateral", Emperical Evidence, Qualitative Research, and Policy Suggestions on International Investment Agreements among China, Japan, and Korea : the Way toward a Better Protection for Foreign Investors / Zhaoke Zhu In: Indian Journal of International Law = ISSN 0019-5294: vol. 54, issue 3-4 (jul-dec), page 395-439. - 2014
Keywords: China, Japan, Korea, Foreign direct investment, Bilateral investment treaties, Comparative law,

3. Arbitrage transnational et droit international général (2013)
Arbitrage transnational et droit international général (2013) / Patrick Jacob, Franck Latty, Arnaud de Nanteuil In: Annuaire français de droit international = ISSN 0066-3085: vol. 59 (2013), page 429-486. - 2013
Keywords: Foreign direct investment, Investment arbitration,

4. Multiple corporate citizenship
Multiple corporate citizenship : mover de meervoudige "nationaliteit" van beursvennootschappen en wat dat betekent voor wet-en regelgeving / Mr. drs. A.A. Bootsma, Professor Mr. J.B.S. Hijink, Mr. drs. L. in 't Veld In: Ondernemingsrecht : Financieel recht = ISSN 1389-1456: (2015), issue 17, page 611-624. - 2015
Keywords: The Netherlands, Companies, Commercial companies, Multinational enterprises, Citizenship, Foreign direct investment, Corporate governance, Company law,

5. Savremeni trendovi u globalnim tokovima stranih direktnih investicija
Savremeni trendovi u globalnim tokovima stranih direktnih investicija / Sandra Stojadinović Jovanović In: Međunarodni problemi = International problems = ISSN 0025-8555: vol. 67, issue 1, page 79-105. - 2015
Keywords: Foreign direct investment, International economic relations,

6. Business Diplomacy in Practice: Advancing Interests in Crisis Situations
Business Diplomacy in Practice: Advancing Interests in Crisis Situations / James M. Small In: The Hague Journal of Diplomacy = ISSN 1871-191X: vol. 9, issue 4, page 374-392. - 2014
Keywords: Multinational enterprises, Foreign direct investment, National security, International relations,

7. Treaty on the Wall, Who is the Fairest One of All: The Canada-China Foreign Investment Promotion and Protection Agreement
Treaty on the Wall, Who is the Fairest One of All: The Canada-China Foreign Investment Promotion and Protection Agreement / Francois LeSieur In: Journal of East Asia and International Law = ISSN 1976-9229: vol. 8, issue 2, page 427-446. - 2015
Keywords: Canada, China, Foreign direct investment, Bilateral investment treaties, International economic relations,

8. A Revisit to China's Foreign Investment Law: With Special Reference to Foreign Investment Protection
A Revisit to China's Foreign Investment Law: With Special Reference to Foreign Investment Protection / Yongmin Bian In: Journal of East Asia and International Law = ISSN 1976-9229: vol. 8, issue 2, page 447-469. - 2015
Keywords: China, Foreign direct investment, National treatment, Legal regime,

Bibliography

Reference works

Books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. Reconsidering Treaty-Making in India
Reconsidering Treaty-Making in India : an Argument for Reform through the Prism of International Investment Agreements / Sudhanshu Roy In: Indian Journal of International Law = ISSN 0019-5294: vol. 54, issue 3-4 (jul-dec), page 317-367. - 2014
Keywords: India, Foreign direct investment, Treaty-making power, Reform,

2. From "Bilateral" to "Trilateral", Emperical Evidence, Qualitative Research, and Policy Suggestions on International Investment Agreements among China, Japan, and Korea
From "Bilateral" to "Trilateral", Emperical Evidence, Qualitative Research, and Policy Suggestions on International Investment Agreements among China, Japan, and Korea : the Way toward a Better Protection for Foreign Investors / Zhaoke Zhu In: Indian Journal of International Law = ISSN 0019-5294: vol. 54, issue 3-4 (jul-dec), page 395-439. - 2014
Keywords: China, Japan, Korea, Foreign direct investment, Bilateral investment treaties, Comparative law,

3. Arbitrage transnational et droit international général (2013)
Arbitrage transnational et droit international général (2013) / Patrick Jacob, Franck Latty, Arnaud de Nanteuil In: Annuaire français de droit international = ISSN 0066-3085: vol. 59 (2013), page 429-486. - 2013
Keywords: Foreign direct investment, Investment arbitration,

4. Multiple corporate citizenship
Multiple corporate citizenship : mover de meervoudige "nationaliteit" van beursvennootschappen en wat dat betekent voor wet-en regelgeving / Mr. drs. A.A. Bootsma, Professor Mr. J.B.S. Hijink, Mr. drs. L. in 't Veld In: Ondernemingsrecht : Financieel recht = ISSN 1389-1456: (2015), issue 17, page 611-624. - 2015
Keywords: The Netherlands, Companies, Commercial companies, Multinational enterprises, Citizenship, Foreign direct investment, Corporate governance, Company law,

5. Savremeni trendovi u globalnim tokovima stranih direktnih investicija
Savremeni trendovi u globalnim tokovima stranih direktnih investicija / Sandra Stojadinović Jovanović In: Međunarodni problemi = International problems = ISSN 0025-8555: vol. 67, issue 1, page 79-105. - 2015
Keywords: Foreign direct investment, International economic relations,

6. Business Diplomacy in Practice: Advancing Interests in Crisis Situations
Business Diplomacy in Practice: Advancing Interests in Crisis Situations / James M. Small In: The Hague Journal of Diplomacy = ISSN 1871-191X: vol. 9, issue 4, page 374-392. - 2014
Keywords: Multinational enterprises, Foreign direct investment, National security, International relations,

7. Treaty on the Wall, Who is the Fairest One of All: The Canada-China Foreign Investment Promotion and Protection Agreement
Treaty on the Wall, Who is the Fairest One of All: The Canada-China Foreign Investment Promotion and Protection Agreement / Francois LeSieur In: Journal of East Asia and International Law = ISSN 1976-9229: vol. 8, issue 2, page 427-446. - 2015
Keywords: Canada, China, Foreign direct investment, Bilateral investment treaties, International economic relations,

8. A Revisit to China's Foreign Investment Law: With Special Reference to Foreign Investment Protection
A Revisit to China's Foreign Investment Law: With Special Reference to Foreign Investment Protection / Yongmin Bian In: Journal of East Asia and International Law = ISSN 1976-9229: vol. 8, issue 2, page 447-469. - 2015
Keywords: China, Foreign direct investment, National treatment, Legal regime,

Librarian's choice

  • Desierto, D.A., Public Policy in International Economic Law: the ICESCR in Trade, Finance and Investment, Oxford, Oxford University Press, 2015.

    Desierto, D.A., Public Policy in International Economic Law: the ICESCR in Trade, Finance and Investment, Oxford, Oxford University Press, 2015.

    States rejected inequality when they chose to ratify the International Covenant on Economic, Social, and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States’ international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR in State decision-making in international trade, finance, and investment systems. Differentiating between public policy mechanisms and institutional mandates within international trade, finance, and investment, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfill economic, social, and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. (...) This book explicates the argument that States’ ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

    View this title in our link resolver Plinklet
  • Llamzon, A.P., Corruption in International Investment Arbitration, Oxford, Oxford University Press, 2014.

    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.

    View this title in our link resolver Plinklet
  • 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.

    View this title in our link resolver Plinklet
  • 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.

    View this title in our link resolver Plinklet
  • Douglas, Z., J. Pauwelyn and J.E. Viñuales (eds.), Foundations of International Investment Law: Bringing Theory into Practice, Oxford, Oxford University Press, 2014.

    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.

    View this title in our link resolver Plinklet
  • 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.

    View this title in our link resolver Plinklet
  • 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.

    View this title in our link resolver Plinklet

Database

Blogs

  • P.R.I.M.E. Finance : Open for business!

    On 16 January 2012,  the P.R.I.M.E. Finance Foundation has started its activities with an opening conference followed by seminars on Dispute Resolution in the Financial Markets in the Peace Palace in The Hague. The  Foundation oversees the activities of its Panel of Recognized International Market Experts in Finance (P.R.I.M.E. Finance),  chosen for their relevant experience in financial market practice or […]

    Read more

See also

More Research guides on Economic and Financial Law

PPL keywords

Other suggestions