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Legal Aspects of Foreign Direct Investment - Daniel D. Bradlow

Legal Aspects of Foreign Direct Investment

By: Daniel D. Bradlow (Editor), Alfred Escher (Editor), C. Grossman (Preface by)

Hardcover Published: October 1999
ISBN: 9789041112149
Number Of Pages: 640

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Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled businesses as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources. Consequently, it is always changing. The various actors involved, including transnational corporations, local companies, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors or their local counterparts and financial intermediaries, each follow their own interests. By its nature, FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators. Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires an ongoing learning process for all who wish to understand and successfully manage foreign investment transactions.All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. The authors of this book are all concerned with FDI as either academics or practicioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts: first, a general introduction on FDI by Dr. Escher; next, an analysis on the emerging international law on FDI and related areas; and finally, an overview of FDI law in a variety of countries in Asia, Africa, Latin-America, and Europe.

Foreword
Joint Introduction
Notes on Contributors
Foreign Direct Investment (FDI)
Current Developments, Legal Challenges and Definition of FDIp. 3
Legal Issues for National Policy Makersp. 27
Legal Issues for Foreign Investorsp. 35
Principles and Questions of the Emerging Global Law on FDIp. 51
The Multilateral Investment Treatyp. 69
Addresses of Selected International Organisations and Institutionsp. 81
The Emerging International Law on FDI and Related Areas
The World Bank Guidelines on the Treatment of Foreign Direct Investmentp. 87
Bilateral and Multilateral Investment Treatiesp. 107
Worker Rights and Foreign Direct Investmentp. 137
International Environmental Law and Foreign Direct Investmentp. 161
FDI and International Protection of Intellectual Propertyp. 205
Intellectual Property Organisationsp. 234
Institutional Strengthening of Public Sector Procurementp. 241
Legal and Financial Framework of Promoting FDI in Capital-Importing and Capital-Exporting Countries
Asia
Chinap. 281
Indiap. 303
Appendicesp. 325
Thailandp. 329
Appendicesp. 381
Africa
Nigeriap. 393
South Africap. 413
Central and Latin America
Colombiap. 439
Useful Addressesp. 463
Mexicop. 467
Annexesp. 492
Panamap. 499
Useful Addressesp. 553
Europe
Belarusp. 555
Appendicesp. 573
Germanyp. 583
Indexp. 603
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041112149
ISBN-10: 9041112146
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 640
Published: October 1999
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 3.51
Weight (kg): 1.07