Protecting Foreign Investment

Carlos M Correa and Nagesh Kumar

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Despite the mounting criticism that globalization is encountering, the developed countries continue to lose no opportunity to change the rules of the global economy in their favour, regardless of the impact on developing countries and the poor. This book examines one of the most important instances of this: the rich countries' insistence that the WTO not only launch a new round of world trade negotiations, but that rules which were supposed to be confined to trade issues now be extended by means of new agreements protecting foreign direct investment. What is being proposed would be at the expense of the freedom of developing countries to determine their own policies towards foreign capital in tune with their development policy objectives.

The two authors of this book have an intimate knowledge of WTO negotiating processes. They explain in detail the North's relentless determination to give privileged protection to the overseas investments of its transnational corporations. These initiatives have included, inter alia, the OECD's failed MAI initiative, the World Bank-sponsored Multilateral Investment Guarantee Agency, and the WTO's General Agreement on Trade in Services (GATS) and Agreement on Trade-related Investment Measures (TRIMS). The authors spell out their consequences for developing countries. They examine whether there is any real case for a new multilateral framework on investment within the WTO. And they propose various options for developing countries to resist what amounts to a new form of Western protectionism, including how a development dimension could be incorporated in any new agreement, should the member countries of the WTO decide to proceed with negotiations.

This book provides invaluable information and analysis for diplomats and trade negotiators, policy makers and scholars, as well as civil society activists concerned with the impact of TNC investments on development.

What will you learn from this book

  1. International Investment Law: The book might delve into international treaties, agreements, and legal mechanisms that govern and protect foreign investments, such as bilateral investment treaties (BITs) and multilateral agreements.

  2. Investor Rights and Protections: Discussing the rights and protections offered to foreign investors by host countries, including property rights, non-discrimination clauses, and mechanisms for dispute resolution.

  3. Investment Policies and Regulations: Examining the investment policies, regulations, and frameworks adopted by countries to attract and safeguard foreign investments while balancing national interests.

  4. Political and Economic Risk: Addressing the political and economic risks faced by foreign investors, including issues related to expropriation, nationalization, and changes in regulatory environments.

  5. Investment Promotion and Facilitation: Exploring strategies used by countries to attract foreign investment, such as investment incentives, streamlined procedures, and infrastructure development.

  6. Impact on Development: Analyzing the impact of foreign investment protection on economic development, employment, technology transfer, and local industries in host countries.

  7. Sustainable Development and Environmental Concerns: Discussing the balance between encouraging foreign investment and ensuring sustainable development, including considerations for environmental protection and social responsibility.

  8. Case Studies and Examples: Using case studies and real-world examples to illustrate instances where foreign investments were protected or faced challenges in different national contexts.

  9. Investor-State Dispute Settlement (ISDS): Addressing the controversies surrounding ISDS mechanisms and their implications for foreign investment protection.

  10. Policy Recommendations: Providing recommendations or policy suggestions for improving the legal framework and mechanisms to better protect foreign investments while considering the interests of both investors and host countries.

Language English
ISBN-10 81-7188-317-6
ISBN-13 9781842771822
No of pages 177
Font Size Medium
Book Publisher Zed Books
Published Date 01 Feb 2004

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