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.
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The basic purpose of concluding bilateral investment treaties (BITs) and double taxation treaties (DTTs) is to signal to investors that investments will be legally protected under international law in case of political turmoil and to mitigate the possibility of double taxation of foreign entities. But the actual effect of BITs and DTTs on the flows of foreign direct investment is debatable. This book assesses the performance of these treaties, and presents the most recent literature on BITs and DTTs and their impact on foreign investments.
SAUVANT, K.P. and SACHS, L.E.,, 2009
Also available as Fulltext e-book inside Peace Palace Library
The scope of protection offered to foreign investors by EU law has become a matter of intense political debate. Neo-protectionist policies are on the rise within EU Member States, who are struggling to acclimatise to increasing inward direct investment from developing countries. Strict regulations are being implemented to control the flow of this investment, undermining the principle of free movement of capital. Are such policies permitted under EU law? What impact does EU law have on foreign direct investment?
HINDELANG, S., 2009Only available as Fulltext e-book inside Peace Palace Library
This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles of reparation, restitution, and compensation in international law as reflected in the landmark Chorzów Factory case. The roots of these principles are traced to Roman law and private law concepts that entered into the European continent’s legal systems.
SABAHI, B., 2011Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed. This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence.
NEWCOMBE, A. and PARADELL, L., 2009Also available as Fulltext e-book inside Peace Palace Library
En droit international de l’investissement, le prisme de l’expropriation indirecte couvre une large catégorie de mesures – telles que les réglementations – qui n’impliquent pas de transfert de propriété mais aboutissent à une grave interférence avec un investissement. La définition des dépossessions indemnisables constitue une question extrêmement sensible, située à la croisée des chemins entre la protection des droits des investisseurs et la préservation des prérogatives de l’Etat. Cet ouvrage explore, à travers l’exemple de la réglementation environnementale, le droit applicable à cette notion controversée. Il montre que l’approche traditionnelle – reposant sur une dilution du concept d’expropriation – n’est nullement appropriée et il contribue à clarifier l’étendue de la protection de l’investisseur sur le fondement du droit de la responsabilité internationale de l’Etat.
ROBERT-CUENDET, S., 2010On 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 [...]
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Compensation and Restitution in Investor-State Arbitration: Principles and Practice / , 2011
Der Schutz von Menschenrechten im internationalen Investitionsrecht : unter besonderer Beachtung der Rechte und Pflichten des Exportstaates / , 2011
The Effect of Treaties on Foreign Direct Investment / , 2009
The public international law regime governing international investment / , 2011
The ICSID Convention : a commentary : a commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States / , 2009
Bilateral investment treaties : history, policy, and interpretation / , 2010
