International Protection of Foreign Investment, 2nd Edition

Introduction

Foreign Investment
Legal Status of Aliens Abroad
History of International Law on Foreign Investment
Economic Theories on Foreign Investment
Favourable Investment Climate
Legal Security for Foreign Investment
Nationalisation
Settlement of Investment Disputes
Conclusion


Argentina

Introduction
Admission and Regulation of Foreign Investment
Government Incentives for Investment
Exclusions from Foreign Investment
Treatment of Foreign Investment
Treaty Protection of Foreign Investments
Settlement of Investment Disputes
Conclusion


Australia

Introduction
Government Policy on Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes


Austria

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes


Belgium

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes
Sanctions for Injury to Investments


Bolivia

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Settlement of Investment Disputes


Brazil

Introduction
Admission of Foreign Investments
Treatment of Foreign Capital
Mercosul
Transfer of Funds
Dealings with the Government and Its Agencies
Protection of Foreign Investments
Administrative Proceedings Regarding Investments
Settlement of Disputes


Bulgaria

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes
Sanctions for Damages to National Investors Abroad


Canada

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Settlement of Investment Disputes
Sanctions for Injury to Investments

China

Introduction
Treatment of Foreign Investment 
Protection of Foreign Investment
Settlement of Investment Disputes in China


Chile

Introduction
Economic Environment
Definition of Foreign Investment
Foreign Investment Regulations
Guarantees Regarding Foreign Investment
Foreign Investment Regime
Exchange Controls
International Treaties


Colombia

Introduction
General Framework of Foreign Investment
Admission of Foreign Investment
Special Foreign Investment Regimes
Labour and Fiscal Legislation
Foreign Exchange Regulations
Incentives and Protection of Foreign Investment
Treaty Protection
Settlement of Investment Disputes
Conclusion


Cyprus

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
General Protection of Foreign Investment
Treaty Protection for Foreign Investments
Settlement of Investment Disputes
Investment Abroad by Cypriots
Conclusion


Czech Republic

Introduction
Incentives to Investors
Legislation
Treatment of Foreign Investment
Protection of Foreign Investment
Dispute Resolution


Finland

Introduction
Direct Investment, Stock (FIM)
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes
Sanctions for Injury to Investments
Withdrawal from Finland
Mergers and Divisions

France

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Settlement of Investment Disputes
Sanctions for Injury to Investments


Germany

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes


Gibraltar

Introduction
Admission of Foreign Investment
Incentives for Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investments
Settlement of Investment Disputes
Sanctions for Injury to Investments
Conclusion


Greece

Introduction
Investment Law Number 3908/2011
Fast-Track Law Number 3894/2010
Other Tools for Investment


Hungary

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Treaty Protection of Foreign Investments
Settlement of Investment Disputes
Appendix 1

 

India

Introduction
Foreign Investment Policy
Setting Up Business
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Settlement of Investment Disputes
Conclusion

Indonesia

Introduction
Indonesia and Investment
Protection of Foreign Investment
Settlement of Investment Disputes

Italy

Introduction
General Provisions of Law
Article 2510 of the Civil Code
Rules Regarding Investments
Protection of Investors
Foreign Investors and Fiscal Benefits
Employment of Foreign Personnel


Lithuania

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection for Foreign Investments
Settlement of Investment Disputes
Free Economic Zones
Concessions


Malaysia

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment


Mexico

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes


New Zealand

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investments
Settlement of Investment Disputes
Sanctions for Injury to Investment

Nigeria

Introduction
Historical Background 
Admission of Foreign Investment 
Regulation of Admission 
Incentives for Investment 
Corporate Governance and Investor Protection 
Settlement of Investment Disputes
Conclusion

Norway

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investments
Settlement of Investment Disputes
Sanctions for Injury to Investments


Peru

Introduction
Economic Environment
Definition of Foreign Investment
Foreign Investment Regulations
Guarantees Regarding Foreign Investment
International Treaties


Poland

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes
Sanctions for Injury to Investments


Portugal

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment

Singapore

Introduction
Incentives for Investment
Sources of Finance for Foreign Investors
Treatment of Foreign Investors
Protection of Foreign Investment
Settlement of Disputes

Slovak Republic

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Protection of Foreign Investment by Treaties
Settlement of Investment Disputes
Sanctions for Injury to Investment

Spain

Introduction
Concept of Foreign Investment
Foreign Investment Regime
Direct Investment
Regime Applicable to Direct Investment
Portfolio Investments
Regime Applicable to Portfolio Investments
Real Estate Investments
Other Types of Investment
Special Regimes
Other Special Sectors
 

Sweden

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection
Settlement of Investment Disputes

Thailand

Introduction
Legal System and Foreign Investment
Business Structures
Labour and Employment Considerations
Free Trade Area Agreement
Industrial Estates Authority of Thailand
Currency and Foreign Exchange
Trade Competition Act
Tax Law
Protection of Investment by Mortgage, Pledge, or Charge
Treaty of Amity and Economic Relations
Arbitration

Turkey

Investment Opportunities
Legislation
Employment of Foreign Staff
Taxation

Ukraine

Introduction
Admission of Foreign Investment
Treatment
Protection of Foreign Investment
Treaty Protection of Foreign Investments
Settlement of Investment Disputes
Sanctions for Injury to Investments


United Kingdom

Introduction
Admission of Foreign Investment to the United Kingdom
Treatment of Foreign Investment
Unfair Business Practices
Intellectual Property Rights
Protection of Foreign Investment
Treaty Protection of Foreign Investments
Settlement of Investment Disputes
Sanctions for Injury to Investments
 

United States

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection
Settlement of Investment Disputes

Venezuela

Introduction
Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Foreign Investment
Treaty Protection of Foreign Investment
Settlement of Investment Disputes
Sanctions for Injury to Investment
Country Risk

Protection of Foreign Investment under International Law

Introduction
Regulatory Framework for Foreign Investment
International Instruments Governing Foreign Investment
Content of International Investment Treaties
Conclusion

European Union

Admission of Foreign Investment
Treatment of Foreign Investment
Protection of Investment
Settlement of Investment Disputes
Sanctions for Injury to Investments

About the Editor:
Professor Dennis Campbell is the Director of the Center for International Legal Studies (CILS) in Salzburg, Austria, and teaches as an adjunct Professor at Suffolk University Law School. He is the former Director of International Programs and Professor of Law at University of the Pacific, McGeorge School of Law. He has lectured at Stockholm University, Helsinki University, Salzburg University, National University of Taiwan, Warsaw University, and Jagiellonian University. He is a member of the New York State Bar and the Iowa State Bar and is a former Assistant Secretary of the California State Senate.

The Center for International Legal Studies promotes the dissemination of information among members of the international legal community, through research and publication projects, post-graduate and professional training programs, and academic seminars, professional symposia and continuing legal education conferences. Nearly 5,000 lawyers worldwide have been designated as Fellows of the CENTER FOR INTERNATIONAL LEGAL STUDIES in recognition of their contributions to its programs. The Center provides observers on a regular basis at meetings of UNCITRAL and its Working Groups in Vienna and New York.

About the Contributors:

Introduction - Marilise Swart Bowman, Gilfillan, Inc. 
Argentina - María Fraguas and Verónika Sarratea, Nicholson y Cano
Australia - Juliette Oriti and Alastair Hood, Gilbert & Tobin
Austria - Christoph Horvath and Edgar Langeder, Frieders, Tassul & Partner
Belgium - Virginie R. Van Steenkiste, Taylor Wessing
Bolivia - Fernando Aguirre B., Bufete Aguirre Soc. Civ.
Brazil - Francisco Satiro de Souza Jr, Marcelo Freitas Pereira, and Renato Parreira Stetner, Castro, Barros, Sobral, Vidigal , Gomes - Advogados
Bulgaria - Nelli Tascheva, Tascheva & Partner, Law Partnership
Canada - A Neil Campbell and Robert Wisner, McMillan Binch LLP
Chile - Carlos Andrés Silva Vildósola, Morales, Noguera, Valdivieso & Besa
Colombia - Alejandro Linares Cantillo, Gomez-Pinzon Zuleta
Cyprus - Andreas Neocleous, Andreas Neocleous & Co LLC
Czech Republic - Mark Gardberg and Roland Behm, Squire, Sanders & Dempsey
Finland - Patrick Lindgren, Patrick Lindgren & Co OY AB
France - Ann V Creelman, Vatier & Associés
Germany - Dorothee Garms and Arndt Begemann, Luther Menold Rechtsanwaltsgesellschaft mbH
Gibraltar - Isaac S Marrache, Marrache & Co.
Greece - Evi Katsapi, Bahas, Gramatidis & Associates
Hungary - Éva Hegedûs a nd Tamás Riesz, Allen & Overy LLP
India - Gerald Manoharan, J Sagar Associates
Italy - Ivan Mazzoleni, Curtis, Mallet-Prevost & Gilioli
Lithuania - Paulius Markovas, Raidla Lejins & Norcous
Malaysia - Clarence Edwin, Clarence Edwin Law Office
Mexico - Carlos Ramos-Miranda, Barrera, Siqueiros y Torres Landa, S.C. Michele Nelson
New Zealand - Peter Bruce Hinton, Simpson Grierson
Norway - Halfdan Lowzow, Advokatfirmaet Haavind AS
Peru - Gonzalo Ferrero Diez Canseco, Ferrero, Lema, Solari & Santivánez
Poland - Robert Malecki, Karniol Malecki i Wspolnicy Sp. k.
Portugal - Fernando Veiga Gomes, Abreu Advogados
Singapore - Leslie Chew, KhattarWong
Slovak Republic - Katharína Cechová and Zuzana Gaálová, Cechová & Partners
Spain - Rafael Vignoly, Bignon & Lebray Castelló
Sweden - Erik T. A. Lind, Advokatfirman Lindahl KB
Thailand - Nipaporn Weskosith, Johnson Stokes & Master
Turkey - Y. Selim Sariibrahimoglu, Sariibrahimoglu Law Office
Ukraine - Gennady Tsyrat, Jurvneshservice Law Firm
United Kingdom - Andrew Wilkinson, Carol Welu, and Stephen Nelson, Squire, Sanders & Dempsey LLP
United States - Rex L Niswander, Morrison & Foerster
Venezuela - Victor Bentata, Bentata Abogados
Vietnam - Sesto E Vecchi, Russin & Vecchi; Michael J Scown, Intel Captial Regional Counsel, Asia Pacific
The Protection of Foreign Investment under International Law - Gudrun Monika Zagel, University of Salzburg, Department of Public International Law
European Union - Sandra Cajal Martín, Eur opean Commission