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Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10011276700
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10011276702
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10011276703
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties.<P> This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...</p>
Persistent link: https://www.econbiz.de/10011276706
on bilateral FDI stocks. We address potential reverse causality, inter alia by performing instrumental variable … and robust finding is that bilateral FDI increases with better developed financial markets in both the host and the source …
Persistent link: https://www.econbiz.de/10011429900
The research delves into the determinants of inward FDI to Colombia in the context of economic integration promoted by … the country more attractive to foreign direct investment (FDI), in a framework of fiscal discipline and a stable economic … environment for economic growth, albeit characterised by complex institutional conditions. Government reforms have revitalized FDI …
Persistent link: https://www.econbiz.de/10014249591
incentives in relation to FDI inflows. The impact of such institutional variables on FDI have been typically studied using large … overall protection to investors. The importance of institutional variables in influencing FDI into India tells us that overall …
Persistent link: https://www.econbiz.de/10012229589
to FDI. In contrast, the available theory on FDI does not yet provide empirically testable propositions on the effects of … principal features of FDI. This paper uses a "gravity model" approach to assess the impact of the deepening integration between … the EU and the CEECs on FDI flows in terms of three key issues. First, we provide systematic estimates of the expected …
Persistent link: https://www.econbiz.de/10012001949
This paper scrutinizes the effects of investor-state dispute settlements (ISDS) and national treatment provisions in a two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can mitigate the holdup problem and increases aggregate...
Persistent link: https://www.econbiz.de/10011431559
direct investment (FDI), an essential question for policy-makers is no longer just what to reform but also how to reform. How … FDI Regulatory Restrictiveness Index, Korea was the biggest reformer of its policies towards FDI between 1997 and 2010 … FDI regime in Korea and to examine how and why it came about. What were the main obstacles and what were the main drivers …
Persistent link: https://www.econbiz.de/10010230661