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New Arrival International Protection of Foreign Investment, 2nd Edition

International Protection of Foreign Investment, 2nd Edition

  • Author:
  • Publisher: Juris Publishing_
  • ISBN: 9781578232871
  • Published In: September 2019
  • Format: Loose-leaf , 1610 pages
  • Jurisdiction: Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, Colombia, Cyprus, Czech Republic, European Union, Finland, France, Germany, Gibraltar, Greece, Hungary, India, International, Italy, Lithuania, Malaysia, Mexico, New Zealand, Norway, Peru, Poland, Portugal, Singapore, Slovak Republic, Spain, Sweden, Thailand, Turkey, U.K., U.S., Ukraine, Venezuela, Vietnam ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Details

    International Protection of Foreign Investment covers 39 of some of the most important jurisdictions in North and South America, Europe, Asia and the Pacific, and the Middle East, as well as the European Union, detailing the protection of foreign investment under national and international laws and treaties, which is critical to those making investments abroad. The approach of national investment laws and that of bilateral investment treaties differ greatly from jurisdiction to jurisdiction, due to differing economic, social, and political environments and attitudes to investment from abroad. International Protection of Foreign Investment offers guidance from leading authorities as to why foreign investment laws are important to host states in maintaining a competitive position in world trade, as well as to investors who want some assurances that their investments will not be subject to government fiats or other negative consequences.

  • 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

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