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Author: Ibrahim F.I. Shihata Publisher: BRILL ISBN: 9004635793 Category : Law Languages : en Pages : 556
Book Description
The unique experience of the author in supervising the World Bank's efforts to create the Multilateral Investment Guarantee Agency is detailed in Part I of this book, which provides a case study for the successful preparation of a complex multilateral convention in record time. The book also provides an in-depth analysis of the operational and institutional aspects of MIGA relating them to the broader legal and economic issues concerning international investment flows. Part II deals with both MIGA's guarantee and non-guarantee operations. It covers in detail the different aspects of political risk insurance as well as the advisory and promotional services needed to encourage greater flows of capital and technology across national boundaries and towards developing countries in particular. Part III deals with three major institutional and policy issues which caused the greatest controversies in MIGA's preparatory work and raised questions that go beyond MIGA's concerns. These include the standards that apply to foreign investment, settlement of disputes and the organizational and voting structures of international financial institutions. This book should be of direct interest to a broad array of researchers and practitioners in the fields of international development, foreign investment, international law, political risk insurance and international financial organizations. The topicality of its subject and the prominence of its author add to the importance of the book which is likely to remain the most authoritative in its field for many years to come.
Author: Ibrahim F.I. Shihata Publisher: BRILL ISBN: 9004635793 Category : Law Languages : en Pages : 556
Book Description
The unique experience of the author in supervising the World Bank's efforts to create the Multilateral Investment Guarantee Agency is detailed in Part I of this book, which provides a case study for the successful preparation of a complex multilateral convention in record time. The book also provides an in-depth analysis of the operational and institutional aspects of MIGA relating them to the broader legal and economic issues concerning international investment flows. Part II deals with both MIGA's guarantee and non-guarantee operations. It covers in detail the different aspects of political risk insurance as well as the advisory and promotional services needed to encourage greater flows of capital and technology across national boundaries and towards developing countries in particular. Part III deals with three major institutional and policy issues which caused the greatest controversies in MIGA's preparatory work and raised questions that go beyond MIGA's concerns. These include the standards that apply to foreign investment, settlement of disputes and the organizational and voting structures of international financial institutions. This book should be of direct interest to a broad array of researchers and practitioners in the fields of international development, foreign investment, international law, political risk insurance and international financial organizations. The topicality of its subject and the prominence of its author add to the importance of the book which is likely to remain the most authoritative in its field for many years to come.
Author: Multilateral Investment Guarantee Agency Publisher: World Investment and Political ISBN: 9781464800399 Category : Business & Economics Languages : en Pages : 0
Book Description
Annotation Breach of contract is a hot topic in risk management, especially in the context of Public-Private Partnerships for large utility, infrastructure, or mineral resource exploitation projects around the world. Some claims are related to economic crisis, but more often disputes arise from political change, privatization reviews, environmental regulations and governance/corruption issues. Some recent high profile cases involving government tariff renegotiations and award settlements underline the importance of this topic for international investors. Claims of breach of contract often bring about an abrupt termination of activities or force contract renegotiations that subtsantially alter the original terms of the deal and projected financial validity. This study offers significant new data and analysis to allow an informed assessement of current developments and underlying trends, in a new collaboration between the World Bank Group (IBRD, MIGA, and ICSID) and Washington University in St. Louis.
Author: Krista Nadakavukaren Schefer Publisher: ISBN: 9781800882317 Category : Law Languages : en Pages : 0
Book Description
This revised and expanded Encyclopedia is the new benchmark and flagship reference work for the study of international economic law. A comprehensive resource, its pages present the breadth of the field in a real-world context. Organized thematically rather than alphabetically, the Encyclopedia includes four significant thematic sections: the foundations, architecture and principles of international economic law; regulatory framework; regulatory areas; and regulatory challenges. Including updated and new entries, traditional international economic law topics are now supplemented by coverage of critical perspectives and a broader range of newly developing areas such as taxation, sustainability, and digitalization. Concepts and rules of trade, investment, finance, competition, and international tax law are found alongside entries examining how international economic law impacts on environmental protection, labor standards, development, and human rights. Embedded within its own legal context, each concise entry presents an accessible and condensed understanding of what it means and why it is significant. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Entries are followed by selected references suggesting directions for further study. Completely new to this edition is an entire section of extended entries on specific jurisdictions focusing on how these contribute to and engage with international economic law. These longer pieces describe the national legal frameworks responsible for developing international policies on trade investment, financial regulation, and tax, offering insight into how international rules actually work at the national level. Key Features: Concise, structured entries from top experts and new voices in the field Organised thematically, covering newly developing areas of international economic law Selected references for further study
Author: Jeswald W. Salacuse Publisher: OUP Oxford ISBN: 0191665304 Category : Law Languages : en Pages : 472
Book Description
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.
Author: Panayotis M. Protopsaltis Publisher: ISBN: 9789041153227 Category : Investment guaranty insurance Languages : en Pages : 0
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the internal organization and operations of the Multilateral Investment Guarantee Agency (MIGA) provides substantial and readily accessible information for lawyers, academics, and policymakers. No other book gives such a clear, uncomplicated description of the organizationand’s role, its rules and how they are applied, its place in the political risk insurance market, or its relations with other organizations. The monograph proceeds logically from the organizationand’s genesis and historical development to the structure of its membership and its various organs and their mandates. Its competence and operations, its financial management, and its dispute settlement mechanisms are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of the Multilateral Investment Guarantee Agency (MIGA) for all interested parties. Students and teachers of international investment law will find it especially valuable as a source of information on the legal framework governing foreign direct investment and political risk insurance.
Author: Kevin W. Lu Publisher: World Bank Publications ISBN: 082137981X Category : Business & Economics Languages : en Pages : 316
Book Description
Coinciding with the Multilateral Investment Guarantee Agency's (MIGA) twentieth anniversary, "Investing with Confidence: Understanding Political Risk Management in the 21st Century" examines key political risk issues including claims and arbitration, perspectives on pricing from the private, public and multilateral providers, as well as exploring new frontiers in sovereign wealth funds and Islamic finance. These topics are particularly relevant for today's uncertain markets, and provide important analysis and thinking from key practioners and clients. Political risk insurance is critical to maintaining flows of foreign direct investment into developing markets; this volume offers valuable insights for practitioners and investors alike.
Author: Carlos M. Correa Publisher: Zed Books Ltd. ISBN: 1848137605 Category : Business & Economics Languages : en Pages : 174
Book Description
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.
Author: Ibrahim F.I. Shihata
Author: Ibrahim F.I. Shihata
Author: Ibrahim F. I. Shihata
Author: Multilateral Investment Guarantee Agency
Author: Krista Nadakavukaren Schefer
Author: Stephan W. Schill
Author: Jeswald W. Salacuse
Author: Panayotis M. Protopsaltis
Author: Gerald T. West
Author: Kevin W. Lu
Author: Carlos M. Correa