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1
Borodkin, Stanislav. "Legislation on Foreign Investments and Practice of Investment Dispute Resolution." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18702.
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Russian companies doing business outside of the Russian Federation require special protection of their rights and lawful interests. Several methods of protecting foreign investor rights are available under the international law, including national courts and tribunals and commercial arbitrations (both institutionary and ad-hoc). International Center for Settlement of Investment Disputes is a special institution established to resolve the controversies related to foreign investments. It was created under an international treaty and its decisions are not subject to sovereign immunity. The article considers ICSID practice regarding the definition of an investment, since disputes are related to an investment activity, which is a topical question when dealing with the determination of the Center competence. While the analyzed cases do not have the power of binding precedents, when the arbiters elaborate on the definition of a foreign investment they use specific criteria that could be relevant for the national law. Since international practice has a more specific definition of foreign investments than the Russian law, the author suggests that the former be taken into consideration when a foreign investment is defined in Russian legal texts. It could ensure better protection of the rights of Russian legal entities abroad.
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Matsuka, V. "STATE REGULATION OF FOREIGN INVESTMENT IN UKRAINE." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu Serìâ Ekonomìka 12, no. 24 (2022): 121–29. http://dx.doi.org/10.34079/2226-2822-2022-12-24-121-129.
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The war, political and economic upheavals led to low investment activity, the curtailment of investment projects and the outflow of foreign investments from the Ukrainian market. In the conditions of the export of investment capital, without improvement of the investment policy and guarantees of capital security, business development and the inflow of foreign investments into Ukraine are impossible. Studying the specifics of state regulation of foreign investment activities will allow us to use the positive effects of foreign investment to improve the investment climate and develop investment infrastructure. The purpose of this article is to develop a system of measures to improve state regulation of foreign investments in Ukraine. The article examines the peculiarities of foreign investment activity in Ukraine. The scale of capital of non-residents in the economy of Ukraine is estimated. The following factors that reduce the country's investment attractiveness were identified: deployment of military operations in Ukraine; political and economic upheavals; significant withdrawal of foreign capital from the national economy; low activity of domestic investors under the influence of a number of macroeconomic factors; insufficient regulation of the investment process in Ukraine by the state; increasing internal and external debts. The shortcomings of the investment regulation system are identified: the inability of Ukraine to regulate legal relations and interests of investors with domestic legislation; ambiguous interpretation of provisions of legislative documents; a large number of regulatory acts that regulate the investment process; instability of national legislation in the field of investment; lack of guarantees of property rights of foreign investors; corruption in the investment sphere, etc. Measures to improve the regulation of foreign investments in Ukraine are proposed: harmonization of national legislation with the norms of international investment law; simplifying the procedure and shortening the terms of business registration and closing; introduction of control over the prevention of double taxation, currency exchange, admission to bank lending; providing regions with the necessary set of tools to increase investment attractiveness; decentralization of state regulation by attracting foreign investments into the economy of Ukraine. Key words: investment, foreign investment, direct foreign investment, investment infrastructure, investment climate, investment policy, state regulation.
3
Ngwasiri, C. N. "The Effect of Legislation on Foreign Investment—the Case of Cameroon." Journal of African Law 33, no. 2 (1989): 192–204. http://dx.doi.org/10.1017/s0021855300008135.
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There is no doubt that the investment climate in every country is conditioned to a great extent by non-legal factors. Nevertheless, many developing countries have, to varying degrees, relied on legislation as a means of attracting foreign investment. When Cameroon attained independence in 1960, it enacted an Investment Code that same year with the aim of attracting investment which the young state needed so much for the realisation of its development objectives. When after two decades the said Code no longer responded to the needs of the state, a new one was instituted on 4 July, 1984. The common feature of Investment Codes is that they contain various incentives aimed at channelling investments to areas which the authors regard as top priority. In this article, an attempt will be made to show to what extent the Cameroonian government has succeeded in its effort to direct investments to desired regions of the country through a statute wherein incentives cohabit with regulations on matters such as imports, exports, price fixing, foreign exchange, etc., which foreign investors consider as repellent. The study is subdivided into two parts. The first part is based on the Investment Codes and the second deals with the country's regulatory environment.
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Kossak, Volodymyr, and Halyna Yanovytska. "Foreign Investment in Ukraine: Types and Forms." International Journal of Criminology and Sociology 9 (October 21, 2021): 3057–65. http://dx.doi.org/10.6000/1929-4409.2020.09.372.
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An important condition for the transition to a market economy is the intensification of the investment process. Among other factors, attracting foreign investment is crucial. For their effective use, an appropriate regulatory framework for regulating the legal basis for their implementation is required. It is necessary to determine the range and legal status of foreign investors, types and forms of foreign investment, legal means of protection of the rights of foreign investors. At the same time, the mechanism of regulation and protection of foreign investments is influenced by the legal regime of investment, which is established by the national legislation of Ukraine. The article is devoted to the classification of types of foreign investment. Money, goods and corporate rights, intellectual property, rights in them and securities rights, requirements for the exploitation of natural resources as a form of foreign investment are considered. The legal regime of the listed types of foreign investments are analyzed in detail. The evolution of legislation in the field of foreign investment regulation is investigated. Knowledge on foreign investment, is a legal regime as comprehended. The directions of improvement of the mechanism of attraction of foreign investments by established privileges in taxation of profits of foreign investors, legal support of the investment process is highlighted. Prospects of foreign direction and sphere of investment state policy of Ukraine are analyzed.
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El-Deeb, Lourna, and Ahmed Labeeb. "The Effects of the Trade-related Investment Measures Agreement on the Egyptian Economy." Arab Law Quarterly 33, no. 3 (July 2, 2019): 209–46. http://dx.doi.org/10.1163/15730255-12333013.
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Abstract The Trade-Related Investment Measures (TRIMs) Agreement aims to balance the interests of developed countries seeking to protect their investments as well as developing countries trying to attract more foreign investments to finance national projects. This article assesses the TRIMs Agreement and the compatibility of Egyptian economic legislation, especially the provisions of the Investment Law No. 72/2017, alongside the impact of this agreement on the Egyptian economy. We conclude that Egyptian legislation as a whole is in line with the TRIMs Agreement, with the exception of some provisions enacted under exceptional circumstances in Egypt since January 2011. As a result of these circumstances, it is impossible accurately to assess the extent to which the Egyptian economy was affected by the implementation of TRIMs during the current period, since the policies adopted by the Government of Egypt have succeeded in increasing the volume of foreign direct investment to Egypt.
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Evstratov, A. E., and I. Yu Guchenkov. "Nationalization (expropriation) of foreign investors’ property: relevant issues." Law Enforcement Review 6, no. 2 (June 22, 2022): 147–58. http://dx.doi.org/10.52468/2542-1514.2022.6(2).147-158.
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The subject. Foreign investments in the economy of states play an important role. As a consequence, priority should be given to the protection of foreign investments and the creation of favorable and stable conditions for the investors activities. This is especially important in cases of an unfavorable political environment, various internal and external conflicts. Crossborder investment activity is risky, and one of the possible risks is the nationalization (expropriation) of the property of foreign investors by the state-recipient of investments. This method of seizing private property is regulated by the state both at the international legal level and at the national level. The institution of (nationalization) expropriation of the property of foreign investors has its own specifics in Russian legislation in terms of terminological features and legal regulation with certain problematic aspects inherent in it.The purpose of the article is to determine the content and correlation of the concepts of "nationalization" and "expropriation" in Russian law; to describe the main international approaches to regulation of these issues as well as Russian model. The authors try to describe the existing problems inherent in this institution in private international law in general and in Russian legislation in particular and suggest possible ways to solve them.The methodology. The research was carried out using formal-logical, systemic, comparative, formal-legal methods, analysis and synthesis.The main results, scope of application. The content and correlation of the concepts "nationalization" and "expropriation" in Russian law is determined, it is proposed to consider them synonymous. International approaches to regulating the nationalization (expropriation) of the property of foreign investor are examined. The regulation of this institution in Russia is considered; certain problems inherent in nationalization (expropriation) are investigated, possible ways to solve them are suggested.Conclusions. It is now necessary not only to create conditions for attracting foreign investments, but also to ensure their safety in view of the development of cross-border investment activities. In particular, this can be achieved by establishing a detailed regulated procedure for the nationalization (expropriation) of the property of foreign investors, providing guarantees of compensation and legality in such seizure of their property. The institution of nationalization (expropriation) of property in private international law should be considered as one of the possible risks in the implementation of investment activities, which means that states should take measures to minimize risks in order to increase investment attractiveness. It can be achieved through detailed legislative regulation at the national level and a conclusion of international treaties (the “force of law” should be upheld, not the “law of force”).
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Hsu, Locknie. "SWFs, Recent US Legislative Changes, and Treaty Obligations Sovereign Wealth Funds, Recent US Legislative Changes, and Treaty Obligations." Journal of World Trade 43, Issue 3 (June 1, 2009): 451–77. http://dx.doi.org/10.54648/trad2009019.
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A confluence of events has highlighted the role of sovereign wealth funds (SWFs) in recent times, giving rise to debate as to their role, governance, and how national investment regimes view their investments. Important amendments to US investment-screening legislation in 2007 have given rise to some concerns on the part of SWF investors. Apart from national investment-screening laws such as those of the United States and Canada, recipient countries of such funds’ investments may have also international or bilateral treaty obligations towards SWFs as foreign investors. Recent international efforts have also produced some ‘soft law’ instruments to address the governance structures of SWFs and recipient countries’ approaches to their investments. This article provides a composite picture of the recent US amendments, relevant international and bilateral treaty obligations, and the recent ‘soft law’ instruments that together have an impact on SWF investments.
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Erpyleva, Natalia Yu. "Categories of foreign investments and foreign investor in the national legislation and international treaties of the member states of the Eurasian Economic Union." Gosudarstvo i pravo, no. 12 (2022): 119. http://dx.doi.org/10.31857/s102694520023307-8.
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This article discusses the notion of categories of foreign investments and foreign investor in the law of the EAEU member states through the prism of three levels of legal regulation: national legislation, bilateral and multilateral international treaties. The national legislation of the EAEU member states that regulates foreign investments, although is based on commonly used legal structures and instruments, within the framework of the conceptual apparatus can differ significantly in the recipient state of the foreign investments and in the state of origin of the foreign investor, which requires close attention and detailed study of the regulatory legal acts of each EAEU member state. Along with the rules governing foreign investments and the status of a foreign investor under Eurasian law, the EAEU member states apply the rules of bilateral agreements on the promotion and protection of investments that are in force not only between them, but also with the third states. In addition, there is also a multilateral international treaty for the four EAEU member states, namely the Moscow Convention of the CIS. This circumstance is due to the participation of Russia, Armenia, Belarus, Kazakhstan and Kyrgyzstan simultaneously in three integration processes – within the framework of the EAEU, the CIS and the SCO.
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Mamphey - Otibo, Dorothy. "A Comparative Study of Foreign Investment Laws in Ghana and South Africa: –A Review." International Journal of Technology and Management Research 2, no. 3 (March 12, 2020): 17–27. http://dx.doi.org/10.47127/ijtmr.v2i3.63.
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Over the last decade, Ghana and South Africa have been among some African countries that have become more entrenched in foreign direct investment (FDI). The past quarter of the century has witnessed a remarkable growth in world foreign direct investment flows, coupled with the evolving investment strategies of national policies globally. This paper examines and compares the legislative frameworks and regulatory policies governing FDIs in South Africa and Ghana and the hurdles that need to be overcome to ensure smooth implementation of these policies. This has become evident in their current enactment of their regulations with the object of promoting investments in these economies. However, these jurisdictions have restrictions placed on their regulations; hence, putting frustrations on foreign direct investments. It appears that although in terms of overall statutory FDI regulations, African countries are on the average not more restrictive than other developing nations, some of these countries have obstacles that are both severe and restrictive such as land ownership, whether discriminatory or general in nature, act as an important deterrent to foreign investment. This discussion would focus on comparing restrictions imposed by legislation or policies affecting Soith Africa anf Ghana with regards to foreign direct investment. And disputes that emerge due to the restrictions among the jurisdictions.Keywords: Foreign Direct Investment, Economic Growth, International Law, Legislative Framework, Regulatory Bodies, Bilateral Investment Treaties.
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Al-Sarayrah, Ahmad Abdul Karim Mousa. "The Adequacy of Jordanian Legislation in Protecting the Trademark to Attract Foreign Investments." Journal of Law and Sustainable Development 12, no. 1 (January 22, 2024): e2614. http://dx.doi.org/10.55908/sdgs.v12i1.2614.
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Aim: This study aims to explain the entity of a trademark, its commercial trademark standards and judicial applications involved, the effect of trademark protection on attraction of foreign investments, aspects of trademark which attracts foreign investments within Jordanian and international legislations and the position of Jordanian law towards the famous and infamous trademark in protection without distinction. Implications: The trademark has become the center of attention to all countries including Jordan, and due to expansion in its use among products and services, countries and governments including Jordan decided to form legislations and laws organizing this purpose which guarantee the rights of all to attract foreign investments, taking into consideration the rapid technological development which influences expansion of the trademark and attraction of foreign investments, as this study shows the legal framework of the trademark and legal protection to it. Method: The researcher adopted the descriptive analytical method in the study to achieve the desired goals through the use of previous studies, laws, legislations, world and Jordanian agreements organizing this topic. Results: The study reached a number of results including: firstly, the trademark legal provisions in the Paris Agreement (1883), the TRIPS Agreement (1994), the Trademark Law No. (33) of the year (1952), and the Unfair Competition and Trade Secrets Law No. (15) of the year (2000) worked to protect trademarks, which helps attract foreign investments to Jordan. Secondly, expansion of the framework of protection of a trademark in Paris Agreement, where it extended to include the service mark side by side to a trademark and industry mark, and its registration and use include similar and different products and thirdly, Jordanian Trademark Law No. (34) of 1999 regarding trademark protection and preventing the registration of a trademark that is similar or identical, or shapes another trademark, or the use of another similar trademark upon registration that imitates international agreements, which upholds attracting foreign investments to Jordan.
11
Garmashev, Mikhail A., Julia A. Sakhno, Inna N. Peremyshlennikova, Natalya A. Sedova, and Marina M. Staroselzeva. "Legal regulation of crowdfunding and investment platforms." Linguistics and Culture Review 5, S3 (November 5, 2021): 958–66. http://dx.doi.org/10.21744/lingcure.v5ns3.1695.
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The article provides a comparative analysis of the legal regulation of crowdfunding and investment platforms in Germany, Russia, the USA, and France. Crowdfunding has been researched as a category that is an integral part of investment platforms; in a concise form, the formation of crowdfunding in the declared group of countries is disclosed; identified possible risks and problems when using investment platforms and crowdfunding. The legislation of the United States, France, Germany, and Russia in the field of crowdfunding reveals the main provisions that are directly related to investment platforms and investments, thereby helping interested parties navigate in this environment. Although the legislation of Russia, unlike foreign countries, does not directly mention crowdfunding, which in turn gives rise to legal conflicts of using this activity through the national law on attracting investments, limiting the rights of individual citizens to attract investments.
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Mkiyes, Hussein. "REFORMING THE FDI'S LAW FOR ACHIEVING SUSTAINABLE INNOVATIVE DEVELOPMENT AT THE REGIONAL LEVEL." EUrASEANs: journal on global socio-economic dynamics, no. 1(38) (January 30, 2023): 144–62. http://dx.doi.org/10.35678/2539-5645.1(38).2023.144-162.
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At the end of the nineties, the Slovak Republic succeeded in removing the mantle of communism from it and opened the door wide for foreign direct investments. Rather, it went further by adopting a wide reform package that targeted the joints of the economy and legislation in the country that prevailed in it when it was a communist state. It focused on supporting foreign direct investment by setting laws about the investment period for supporting the foreign investors of all degrees, and it also worked to reduce the volume of taxes imposed on them, as these facilities were directed to untapped regions suffering from weakness in their economic growth. Slovakia is among the most attractive countries for foreign direct capital.
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Shaoxue, Jia. "Original scientific article Evolution and Prospects of the Foreign Investment Law of the People’s Republic of China." Siberian Law Review 20, no. 1 (April 24, 2023): 37–47. http://dx.doi.org/10.19073/2658-7602-2023-20-1-37-47.
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On January 1, 2020, the Foreign Investment Law of the People’s Republic of China came into force. It is the first comprehensive body of law governing the main aspects of foreign investment in the Chinese economy. The new legal regime for foreign investment has been formed taking into account the changes and real needs of the economy, both international and domestic. With its adoption, a unified legal regime for foreign investment was established, and the legal gaps that existed in the previous legislation were filled. First of all, the state unified the organizational legal forms of companies with foreign investments. Innovation was also shown in the management scheme at the pre-investment stage, at this stage a so-called negative list is created for foreign investment. It includes sectors of the economy in which foreign investment is prohibited or restricted. In other economic areas, foreign investments are allowed without restrictions. Unlike the previous period, the Law of the People’s Republic of China on Foreign Investment establishes the principle of national treatment for foreign-invested companies. By this, they are equalized in rights and obligations with legal entities using exclusively Chinese capital; the legal statuses of foreign and Chinese investors are also declared identical. These features are designed to more actively support foreign investment and protect the rights and legitimate interests of foreign investors, but taking into account the interests of Chinese investors. In addition to the Law, there is a “Regulation on the Application of the Foreign Investment Law of the People’s Republic of China”. It clarifies key concepts and basic regimes under the provisions of the Law of the People’s Republic of China on Foreign Investment, strengthens incentive measures and ways to protect the rights of investors, as well as the corresponding legal responsibility. In the future, it is necessary to more clearly define the legal issues that are not set out in the Law of the People’s Republic of China on Foreign Investment, including clarifying some legal concepts, adjusting procedures more clearly, and improving the security inspection system.
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Zejnullahu, Njomëza, and Bashkim Nuredini. "THE CHALLENGES OF INVESTMENT ARBITRATION: SUCCESS OR FAILURE? A COMPARATIVE ANALYSIS OF INVESTMENT ARBITRATION IN NORTH MACEDONIA AND KOSOVO." Access to Justice in Eastern Europe 7, no. 2 (April 1, 2024): 1–28. http://dx.doi.org/10.33327/ajee-18-7.2-a000213.
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Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes.
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Hadi Hamid, Zainab. "Legal Frameworks for the Establishment of Free Zones: An Analytical Study of the Case of Iraq." INTERNATIONAL JOURNAL OF RESEARCH IN SOCIAL SCIENCES & HUMANITIES 13, no. 01 (2023): 306–16. http://dx.doi.org/10.37648/ijrssh.v13i01.025.
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Introduction Iraq has legislated Law No. (3) for the year 1998 (the General Authority for Free Zones Law), which stated the reasons for it “a desire to push the wheel of economic and social development forward by attracting national, Arab and foreign capital and industrial investments from developed countries, introducing advanced technology and creating new job opportunities and an increase in the volume of exports and foreign exchange resources, and for the management and investment of free zones as an Iraqi investment that serves national, Arab and international purposes.” Therefore, there was a need to review the General Authority for Free Zones Law No. (3) of 1998, which was brief, and to issue a new law for the purpose of working to impose mechanisms for adjudicating disputes arising from investment in them, while defining clear mechanisms of action and liberating them from the internal laws and procedures of the host country to give complete freedom for its investors to work without linking it to secondary parties as it is an international area subject only to its own law. Where these regions play a major role in stimulating the foreign trade of the host countries, not to mention their important role in stimulating the movement of internal trade and national industries, in addition to their role in attracting foreign investments and transferring technology to those host countries. Research Objective The research aims to address the free zones, legal frameworks, and legislation from which the free zones were established in Iraq and compare them with some legislation and laws of selected countries to reach a legal framework that can achieve positive results for the free zones. Research Hypothesis The hypothesis of the research is based on the following: The legal frameworks and legislation appropriate to free zones have a positive role when compared with the legislation and laws of selected countries. Research Structure The research deals with three topics. The first topic includes the legal conceptual rooting of free zones and their differences from legal systems. The second topic deals with the legal frameworks for free zones in Iraq. The third topic deals with the legal frameworks of selected countries for free zones.
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Bungenberg, Marc, and Angshuman Hazarika. "Chinese Foreign Investments in the European Union Energy Sector: The Regulation of Security Concerns." Journal of World Investment & Trade 20, no. 2-3 (May 14, 2019): 375–400. http://dx.doi.org/10.1163/22119000-12340136.
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Abstract Energy investments from China have been flowing into the European Union (EU) over the last decade at an increasing rate. Part of these investments are made under China’s Belt and Road Initiative (BRI) and involve Chinese State-owned Enterprises (SOEs). This flow of investments into critical sectors such as energy infrastructure and generation has raised considerable concern over their potential national security implications and prompted the European Commission to prepare new legislation to screen foreign investments in critical sectors, including energy. The new EU regulations complement existing investment screening mechanisms in a number of EU member states, and the application of EU merger control law. This article looks at the different screening and clearance mechanisms which Chinese investments in the energy sector may have to pass in the EU and aims to show how these screening mechanisms are used in practice.
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Maletić, Katarina. "International investment law and labour rights protection: A standard of fair and equitable treatment and indirect expropriation in the light of changes in host country labour law." Pravo i privreda 59, no. 1 (2021): 35–51. http://dx.doi.org/10.5937/pip2101035m.
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The purpose of this paper is to answer the question whether investors may challenge domestic labour legislation by invoking breach of international investment agreements, in particular violations of fair and equitable treatment standard, as well as illegal expropriation of investments. The answer to this question is especially relevant for developing countries, such as the Republic of Serbia, which seek to harmonize their legal systems with international principles of labour rights protection. Therefore, the paper will explore the interpretations of the fair and equitable treatment standard and indirect expropriation given by arbitration tribunals and accepted among scholars, as well as their application with respect to the labour regulation changes. Particularly analysed is the relevant case law before arbitration tribunals dealing with the question whether host states may violate these standards by amending their domestic labour legislation. Research has shown that domestic labour regulation amendments may rarely be interpreted as indirect expropriation, while the fair and equitable treatment standard may be breached in case of unpredictable labour legislation changes which would significantly violate guarantees given by the state to attract foreign investments but cannot protect investors from the introduction of bona fide labour regulations.
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Hakim, Abdul, and Gemala Dewi. "CAPITAL INVESTMENT: A CASE STUDY OF ACEH PROVINCE, INDONESIA." Kanun Jurnal Ilmu Hukum 24, no. 1 (April 1, 2021): 80–105. http://dx.doi.org/10.24815/kanun.v24i1.26806.
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The capital investment in Aceh between 2010 and 2017 happens after the conflict and tsunami. Management of capital investment, its growth, and factors inhibiting capital investment after conflict and disaster are the focal points of this study. The purpose of this research is to determine how foreign investors in Aceh are protected under Law Number 25, 2007 and what types of security factors are present in Aceh. This research consisted of normative legal or library research. As normative legal research, only secondary data, which includes primary, secondary, and tertiary legal materials, were utilized. Based on the analysis, the Province of Aceh's management capital investment consisted of management governed by legislation governing Aceh's governance and legislation governing capital investment. In addition, the regional government of Aceh stipulated legislation governing capital investments. The growth of capital investment, both domestic and foreign, exhibited an increase, although it was not statistically significant. This slow growth was caused by security insurance, inadequate infrastructure, and the lack of legal certainty in conflict, earthquake, and tsunami-affected regions.
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Ziberi, Besime, and Rrezarta Gashi. "Foreign Direct Investment Legislation: A Precondition for Creating a Favourable Investment Climate in the Case of Kosovo." Baltic Journal of Real Estate Economics and Construction Management 9, no. 1 (January 1, 2021): 33–41. http://dx.doi.org/10.2478/bjreecm-2021-0003.
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Abstract Foreign direct investment (FDI) represents a significant impetus for sustainable economic growth and development. From the context of the importance that FDI carries as the transfer of knowledge, experience, employment growth and development of human capital, its attraction definitely requires a proper legal basis, namely, the implementation of the law and the proper functioning of judiciary. The main aim of this study is to elaborate the legislation on foreign direct investment in Kosovo and to analyse FDI in Kosovo over the years. This study is based on local literature, specifically the interpretation of the current law on FDI in Kosovo and international literature to examine the effects of legislation on a business climate. This study is descriptive, comparative and analytical, based mainly on secondary data provided by the World Bank indicators on FDI in Kosovo over the years. Kosovo as a young, post-war state has drafted a number of reforms in the economic field and in the field of law enforcement and judiciary, but undoubtedly the current law governing strategic investments has room for improvement, thus, must be enforced in order for investors to feel safe while operating in Kosovo. This study also concludes that Kosovo is attractive for foreign investors due to the increasing rate of GDP, labour market conditions, high rate of degree holders complying with labour market requirements. The study goes further with recommendations on supplementing the current law versus the European FDI legislation. The major implication of the study is the comparative analysis of Kosovo’s law in regard to the EU Law on FDI.
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Seliverstov, Sergey S., and Vsevolod D. Krivonosov. "Structuring Chinese Energy Investments Under the Russian Law on Strategic Investments." Journal of World Investment & Trade 20, no. 2-3 (May 14, 2019): 355–74. http://dx.doi.org/10.1163/22119000-12340135.
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Abstract As one of the world’s leading oil- and gas-exporting countries, Russia has many of the prerequisites for playing a significant role in achieving some of the energy policy objectives of China’s Belt and Road Initiative (BRI). In fact a number of multi-billion Chinese investments in the Russian energy sector have been made during the past few years. Taking the existing experience of Chinese energy investors into account, this article critically analyzes the legal and regulatory framework governing the production of natural resources and the making of energy investments in Russia. The Russian authorities consider energy as a sector of high strategic importance, necessitating increased attention by its legislator and supervising bodies. The article argues that the restrictions imposed on investors by Russia’s rigid legislation predetermine the participation of state-controlled companies and ensure that all major foreign investments in Russia’s oil and gas sector are assessed primarily for their political significance.
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Grebenskaia, Angelina Alekseevna, and Andrey Andreevich Tikhomirov. "Protection of foreign investments during economic crises." Международное право, no. 2 (February 2023): 22–32. http://dx.doi.org/10.25136/2644-5514.2023.2.40420.
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Foreign investments play a crucial role in overcoming the economic crisis in individual States, especially if such a crisis is systemic in nature, and domestic entities lack resources that could be attracted to the economy. In this case, foreign investment is often the only way to restore the normal development of the socio-economic sphere. At the same time, in crisis situations, foreign investors themselves require special protection, which in this case are exposed not only to commercial risk (such risk is "normal", and no one is responsible to the investor for it), but also to "political" risk (which is usually inextricably linked with economic), if, for example, an economic crisis leads to a revolution, a coup, or simply a tightening of economic policy, within the framework of which enterprises are nationalized, including those created at the expense of foreign investment. The currently existing international legal mechanisms, primarily insurance of "political" risk, do not solve the problem due to the fact that it is difficult for insurance companies to receive compensation from sovereign states by way of subrogation. Thus, the importance of national legislation increases - the norms of which should form the investment attractiveness of the state and give foreign investors confidence in protecting their rights even in a situation of economic crisis, for example, in Russia tax benefits are provided for foreign investors in case of adverse changes in the tax burden (the institute of "tax stability") in accordance with Article 9 of the Federal Law "On foreign investments".
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Botha, Carli, Roshelle Ramfol, and Odette Swart. "Article: The Impact of Multilateral and Unilateral Measures on Profit-Shifting from South Africa to Mauritius." Intertax 51, Issue 3 (March 1, 2023): 232–49. http://dx.doi.org/10.54648/taxi2023005.
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The Mauritian global business sector’s favourable tax regime, combined with its extensive treaty network, has made it an attractive investment hub for investments into Africa. Aggressive tax planning strategies targeted at shifting profits to lower tax jurisdictions such as Mauritius, have eroded many higher tax jurisdictions’ tax bases. An exodus of (taxable) funds from South Africa to Mauritius is evident from South Africa’s listing as one of the top five contributors to Mauritius’s foreign direct investments (FDIs). While the base erosion and profit-shifting (BEPS) action plan is aimed at curbing profit-shifting practices, limited research is available on the successful implementation of the BEPS action plan. This article conducts a review of the implementation of the BEPS action plan by both jurisdictions, namely Mauritius (as a low tax jurisdiction) and South Africa (as a high tax jurisdiction). The success of the BEPS action plan in curbing profit-shifting practices from South Africa to Mauritius is measured in conjunction with the South African anti-avoidance legislation. The findings highlight that only Action 5 has been successfully adopted by both South Africa and Mauritius. A preliminary analysis was conducted which indicates that the implementation of the BEPS action plan will not result in less profit-shifting, due to gaps in the South African anti-avoidance legislation that facilitates these profit-shifting practices. It is suggested that the implementation of the BEPS action plan by higher tax jurisdictions should be prioritized. This article contributes to scholarship on evaluating the effectiveness of the BEPS action plan minimum standards for African countries. Action 5, aggressive tax planning strategies, base erosion and profit-shifting, base erosion and profit-shifting action plan, global business companies, foreign direct investments, Mauritius global business sector, minimum standards, offshore trust, profit-shifting, South African anti-avoidance legislation, tax avoidance, tax planning vehicles.
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Kherkhadze, Alim. "THE ROLE OF FORING DIRECT INVESTMENTS IN THE ECONOMY AND THEIR STIMULATION MECHANISM." Economic Profile 17, no. 2(24) (December 25, 2022): 104–16. http://dx.doi.org/10.52244/ep.2022.24.03.
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In the era of globalization, the attraction of foreign investments has become an important factor in promoting the economic growth of countries. Investors are constantly looking for favorable conditions for investing their capital, which involves a combination of several important factors. The investor, who is focused on getting the maximum profit with the minimum cost, before making an investment decision, will study the investment environment of the host country, the proximity to large key markets, the barriers to entry from the host country to international markets, the availability of production and energy resources, the level of political and economic stability, the number of labor force, qualifications, etc. .sh. In terms of investments in the modern world, two types of trends have been identified: 1. High-tech investments, which are mainly located in developed countries, due to the developed country's intellectual resources, key market and good opportunities for business development, and 2. Investment, which is focused on obtaining maximum profit at the expense of cheap resources and labor force, and there is no or minimal technical innovation in it. It is important for the state to attract such direct foreign investments, which will not only be focused on making profits, but will also ensure the raising of the qualifications of local staff, the introduction of technological innovations, and the social protection of employees. Thanks to the economic reforms implemented after the post-Soviet upheavals, Georgia has become an attractive place for foreign investment, however, due to the shortage of labor force and low qualifications, investments focused on cheap resources and labor force are entering the country more than high-tech ones. The entry of relatively large, high-tech investments is hindered, in addition to the scarcity of the country's workforce and relatively low qualifications, the low level of energy independence, the territories occupied by the Russian Federation of Georgia, the generally politically and economically unstable region (Tskhinvali, Abkhazia, Karabakh regions), the aggressive state - the Russian Federation. Neighborhood and high probability of potential armed conflicts. The positive factors that make Georgia attractive for foreign investors are a favorable geopolitical location with land access, moderate natural and climatic conditions, low level of corruption, less bureaucratic and simple legislation compared to other countries, high level of harmonization of national legislation with international legislation, with the European Union in 2014 and in 2017 Free trade agreements signed with China, which allow a foreign investor to export products produced on behalf of Georgia to two of the world's largest markets without any problems. Due to the fact that one of the most important factors of production - "capital" - is needed to develop the economy, and the country does not have it at this stage, attracting foreign investments is a vitally important task for the economic growth of Georgia. In developing countries like Georgia, the level of domestic savings is relatively low. In addition to this, apart from the banking system, there is no stock market. In the period 1996-2021, a total of about 23.12 billion dollars of investment came into Georgia. The first and only investor country in 1996 was Ukraine with 3753.45 thousand US dollars. In the following years, significant investments were made in Georgia from the USA (1.81 billion USD), the European Union, CIS countries and Great Britain. According to the latest data, foreign investment has entered Georgia from 74 countries, which is almost 2 times less than the number of countries with which Georgia has trade relations (export-import). Since 2003, the growth of investments had an irreversible character, however, the 2008 world economic crisis and Russia's military attack on Georgia sharply reduced this figure, and it took 6 years to restore the pre-war figure. In addition, since 2017, foreign investments in Georgia have been characterized by a decreasing trend. Pandemic year 2020 was particularly notable in terms of investment decline. Despite the fact that after the signing of the Georgia-EU association in 2014, foreign investments should have increased due to the desire to access the EU market, until 2017, their volume was decreasing. In 2017, in the history of independent Georgia, the largest level of foreign investments - 1.98 billion USD was recorded. In the same year, the agreement on free trade between Georgia and China was signed, which should also increase foreign investments due to the desire to access the Chinese market, although the country has not returned to the level of foreign investments made in 2017. On December 31, 2013, the Organic Law of Georgia "On Economic Freedom" adopted in 2011 entered into force. The law, on the one hand, regulates the limit of the amount acceptable from taxpayers - in case of the desire to increase the tax rates of income, profit, VAT and import taxes, citizens' consent is required through a referendum, and on the other hand, the amount of spending of collected taxes is controlled by the limits of the established macroeconomic parameters. After the implementation of this law, the tax burden of taxpayers was not supposed to increase, but the government took advantage of the loophole in the law and in 2017 the excise duty rate was sharply increased on cars (the excise duty on right-hand drive cars was doubled), fuel and tobacco products. The property tax has also been increased, since it does not belong to the general state tax. Since January 1, 2017, when the Estonian model of profit tax came into force, the state budget received about 500 million GEL less. To make up the deficit, either government spending had to be cut, or debt had to be incurred, or taxes had to be raised. In 2017, the government's expenses increased by 800 million GEL, we took on a debt of 400 million GEL, and the excise and property tax rates were also increased, according to which if the family had an annual income of more than 40,000 GEL, they would have already paid property tax on the car. As of May 2021, the foreign debt has increased to 24.8 billion GEL and has already violated the macroeconomic parameter written in the Law on Economic Freedom, according to which the government's debt cannot exceed 60% of GDP. From 2011, when the law was adopted, until 2013, when the law entered into force, the volume of direct foreign investments did not increase, on the contrary - it even decreased, although this can be blamed on the caution caused by the change of government in 2012. - Investors are likely to observe the possibility of a change in the country's political vector. When the law came into force in December 2013, that is, in fact from 2014, the volume of investments increased by leaps and bounds, and this dynamic continued until 2017, when taxes were increased. Since 2018, the volume of direct foreign investments has dropped almost to the level of 2011. Based on all of the above, we believe that in order to attract foreign investments, Georgia should make maximum use of those competitive advantages that will attract the attention of foreign investors. The country, which has historically been a corridor of regional and world importance, has yet to fully utilize its transport function.
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Salihu, Vjollca, and Besnik Murati. "Harmonization of the legislation of foreign investments of the developing countries with that of the European." Journal of Governance and Regulation 12, no. 1, special issue (2023): 348–58. http://dx.doi.org/10.22495/jgrv12i1siart13.
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Foreign investment plays a crucial role in a country’s development. Seen from the perspective of the importance of the impact of foreign capital investment on the host and country of origin, the main purpose of this study is to analyze the compatibility of Kosovo’s foreign investment legislation with that of the European Union (EU) to further emphasize the importance of the judiciary and law enforcement as influential factors in attracting foreign investment in the case of Kosovo. Through descriptive, comparative, and analytical research, this study analyses the legal framework for foreign direct investment (FDI) in Kosovo in comparison with the EU. A new database of FDI incentives shows that providing financial incentives to foreign investors is quite common for countries trying to attract investors seeking efficiency (Andersen et al., 2017). The paper concludes that the absorption of foreign investment requires well-defined policies and strategies, continuous improvements in the legal and institutional framework, political stability and sustainable economic growth, improvement and modernization of infrastructure, as well as climate improvements for the business environment and investment. Based on the Organisation for Economic Co-operation and Development (OECD, 2008), FDI is a key element in this rapidly evolving economic integration, also referred to as globalization, thus FDI provides a means of establishing direct, lasting links between economies.
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Milchakova, Olesya. "Legal Consequences of Void Transactions on the Acquisition of Strategic Assets by Foreign Persons." Юридические исследования, no. 6 (June 2023): 10–19. http://dx.doi.org/10.25136/2409-7136.2023.6.40925.
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The article deals with some topical issues of the invalidity of transactions made for the purpose contrary to the foundations of law and order and morality. The author focuses on the consequences of the invalidity of void transactions for the acquisition by foreign investors of the assets of Russian strategic companies. The issues of application as consequences of invalidity of transactions made in violation of the legislation on foreign investments, restitution, collection of shares (shares) of a strategic company, its fixed production assets into state income are considered. As part of the study, the author substantiates the attribution of transactions for the acquisition of strategic assets by foreign persons in violation of the law to invalid transactions burdened with the defect of the illegality of their content. The conclusion is formulated about the need to comply with an increased standard of proving the invalidity of a void transaction, corresponding to the standards used when appealing against voidable transactions. The author concludes that the measures of state coercion in the form of recovery of shares, fixed production assets of a strategic company acquired in violation of the law, are measures that are adequate and commensurate with the consequences of violation of the legislation on foreign investment in strategic sectors of the economy, which is an integral part of the foundations of the rule of law, and are predetermined by constitutionally significant goals to ensure the defense of the country, the security of citizens, society and the state.
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Fedyaev, D. A., and E. V. Liubimova. "TYPOLOGY OF CLAIMS UNDER THE LAW ON FOREIGN INVESTMENTS IN STRATEGIC BUSINESS ENTITIES." Ex jure, no. 1 (2022): 98–115. http://dx.doi.org/10.17072/2619-0648-2022-1-98-115.
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Abstract: the recent increased scrutiny by the authorised authorities of compliance with the legislation on foreign investment in strategic economic companies has generated a significant number of legal disputes in this area. In this case, both in theory and in practice, there are difficulties in identifying the types of claims brought by the Federal Antimonopoly Service in order to eliminate the illegally established control of foreign investors over strategic business entities. This hinders the proper establishment of jurisdiction, subject of proof, choice of means of proof, determination of consequences of the claim, etc. The authors propose a classification of the said claims based on the criteria most recognised in the legal doctrine and provide recommendations on its application in order to prevent miscarriages of justice.
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Jiang, Siyuan, and Lan Luo. "Trade activities and investments in the framework of the Shanghai Cooperation Organization: Ways and means of protecting the rights and legitimate interests of enterprises." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 1137–53. http://dx.doi.org/10.21638/spbu14.2021.421.
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The COVID-19 pandemic has had a significant impact on the global system. It has especially increased uncertainty in overseas investment and foreign trade activity of enterprises. The pandemic continues to cause economic, political and legal risks (especially compliance risk and default risk) faced by enterprises entering foreign markets and carrying out investment activities. Therefore, enterprises need to enhance their legal awareness, strengthen compliance management of overseas investment by enterprises and create a risk management system, and carry out investment activities on the premise that they comply with international rules, the legal norms of the host country and the relevant domestic laws and regulations. On this basis, governments should strengthen the rule of law concerning foreign affairs, improve related government regulations for overseas investments. According to the “Outline of the 14th Five-Year Plan (2021–2025) for National Economic and Social Development and Vision 2035 of the People’s Republic of China”, China will improve its legislation on overseas investment, support enterprises to integrate into the global industrial and supply chain, improve the transnational operational capacity and level, and guide enterprises to strengthen compliance management so they can prevent and resolve overseas political, economic, and security risks. The Government of the People’s Republic of China enhances friendly cooperation in the legal field and establishes working mechanisms for consultation and coordination with other countries. Much attention is paid to conducting research in the field of strengthening risk assessment methods and risk management for enterprises engaging in outward investment.
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Milchakova, Olesya. "Deprivation of the right to carry out a strategic type of activity as a form of state coercion in case of violation of the legislation on foreign investment." Административное и муниципальное право, no. 2 (February 2023): 119–29. http://dx.doi.org/10.7256/2454-0595.2023.2.40919.
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The article deals with some topical issues of restricting foreign participation in strategic sectors of the economy. The analysis of measures of state coercion in case of violation of the legislation in this area is carried out on the examples of: suspension of validity and cancellation of a license to carry out a strategic type of activity; termination of agreements on granting the right to harvest (catch) aquatic biological resources; application of the consequences of the invalidity of a void transaction for the acquisition of the assets of a strategic company; deprivation of the right to vote at a general meeting of shareholders (participants) of a strategic company. Conclusions are formulated about the features of the legal form of state coercion in connection with the violation of legislation on foreign investment in strategic sectors of the economy, which include a complex combination of coercive measures characteristic of both administrative law and civil law coercion, as well as the concentration of such measures mainly in one special normative legal act, which directly defines the measures themselves, the grounds and subjects of their application, the implementation procedures. The author states that all measures of state coercion in case of violation of the legislation on foreign investments have one target orientation in the form of deprivation of the right to carry out a strategic type of activity of a foreign investor, the possibility of using which (indirectly, through a controlled Russian company) was obtained in violation of the permissive procedure established by the state.
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TOKARCHUK, Dina, and Natalia PRYSHLIAK. "IMPROVEMENT OF THE POLICY OF ATTRACTING FOREIGN DIRECT INVESTMENTS TO THE ECONOMY OF THE VINNYTSIA REGION AND THE VINNYTSIA CITY TERRITORIAL COMMUNITY." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 4(62) (January 1, 2023): 42–57. http://dx.doi.org/10.37128/2411-4413-2022-4-3.
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It has been established that foreign investments play an important role both in the development of the country as a whole and of individual territorial communities (hereinafter referred to as TC) in particular, as it is an additional source of funds that allows the introduction of advanced technologies and accelerates the process of economic integration into the world economy. It has been proven that legal regulation of investment activities in Ukraine is based on the international law and a number of national regulatory and legal documents. However, taking into account the changes that are dynamically taking place in the world, as well as the state of war in Ukraine, there is a need to improve domestic legislation in the field of investment attraction. Using the example of Vinnytsia Region and Vinnytsia City Territorial Community, the investment activity in the pre-war period (2019-2021) was considered and the positive dynamics of attracting foreign investments to the economy of the region was determined. There is a change in the main investor countries of Vinnytsia: in 2021, the USA joined the top five with a share of 6.08%, while Germany moved to the sixth place. During the studied period, most foreign investments were made to the industry of the region. The strengths and weaknesses of the studied community were studied with the help of a SWOT analysis, which showed the presence of favorable conditions for attracting foreign investment, however, the current situation in the country does not allow to fully use all the strengths. An analysis of the Methodology and standards of attracting and supporting investors in the Vinnytsia City TC was made, which can become a strong basis for improving the investment attractiveness of the region. It is proposed to adjust the state’s strategy for attracting foreign direct investment in order to adequately respond to modern challenges facing Ukraine. Measures have been developed to promote the attraction of investments in the Vinnytsia City TC for the post-war recovery of the economy and its development on the basis of innovation and energy efficiency.
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Juhart, Miha. "Foreign Investment Control Regime in Slovenia – One Step Over the Edge." Central European Journal of Comparative Law 1, no. 2 (December 9, 2020): 87–103. http://dx.doi.org/10.47078/2020.2.87-103.
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After a relatively liberal period for foreign direct investment in the Republic of Slovenia, the enactment of the Act Determining the Intervention Measures to Mitigate and Remedy the Consequences of the COVID-19 Epidemic in May 2020 ushered in a significant change. It is not entirely clear why the government, while drafting the bill, decided to place the regulation of control over foreign direct investment under the intervention measures law, which addresses the consequences of the epidemic. A substantive analysis of the new arrangements for screening and controlling foreign direct investment reveals that the legislation was not carefully drafted. The definition of basic concepts and validity of the unique system for persons from the EU member states are already controversial. The Act is awkwardly drafted in terms of specifying a direct capital investment in the form of acquiring a share in a company with its registered office in the Republic of Slovenia. The conditions and procedure for revoking the consent authorising foreign direct investment are poorly regulated. Additionally, interpreting the Act to mean that the revocation of foreign direct investment can also be applied to foreign investments made before it came into force, that is, with a retroactive effect, is extremely controversial.
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Al-Qahtani, Shahad, and Mohamad Albakjaji. "The Role of the Legal Frameworks in Attracting Foreign Investments: The Case of Saudi Arabia." Access to Justice in Eastern Europe 6, no. 5 (March 20, 2023): 1–17. http://dx.doi.org/10.33327/ajee-18-6s001.
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Given the lack of regulatory studies on investment in Saudi Arabia and the recent adoption of the National Investment Strategy, the paper provides a comprehensive high-level assessment of the legal framewor¬¬k governing foreign investment in Saudi Arabia and its effectiveness in achieving its policy goals as a competitive regime. The purpose of the paper is to identify the legal framework that governs foreign investments in Saudi Arabia, under both a comparative lens and a policy-oriented one, while highlighting some of the most essential challenges facing foreign investors. Methods: The approach adopted describes and analyses the legal framework governing foreign investment in Saudi Arabia under the general policies and goals of Vision 2030. Additionally, where appropriate, a brief comparison to the legal framework governing foreign investment in other jurisdictions is presented to provide an alternative approach to how similar issues are handled under a reputable regime. Results and Conclusions: The National Investment Strategy issued in October 2022, the Investment Principles and Policies, and recent legislative reforms represent a major accomplishment and advancement for the Kingdom's investment regime. More importantly, the legal framework for foreign investment needs to be looked into to see if it is in line with Saudi Arabia's policies and goals and if it follows the structure of a modern investment framework by giving investors a regime that is effective, predictable, and reliable.
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Skvortsov, O. Yu. "THE IDEOLOGY OF THE INVESTMENT LAW REFORM IN CHINA." Lex Russica, no. 11 (November 22, 2019): 146–54. http://dx.doi.org/10.17803/1729-5920.2019.156.11.146-154.
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The paper considers the reform of the Chinese legislation regulating foreign investments carried out in 2019. The author aims to identify the principles on which the reform was based, which took the form of the law on foreign investment. The methods of comparative analysis of accepted norms and those norms that have been audited were used. The revealed principles were analyzed from the point of view of their system. As a result of the analysis, the author comes to the conclusion about the fundamental principle underlying the reform — the principle of openness. However, the specification of this principle is possible through the formation of legal mechanisms that ensure its implementation. Thus, the Chinese legislator establishes equality of the Chinese and foreign investors, uses the receptions of legal writing worked out in the previous period, forms the system for ensuring administrative-legal and judicial protection of the rights of foreign investors. At the same time, the emerging regulation is largely focused on those standards of investment regulation that have developed in international practice. This suggests that the Chinese authorities are "denationalizing" investment regimes. In general, the paper concludes that, despite the progressive nature of the adopted Law, it is largely based on the legal and technical methods developed in the previous period. In addition, a significant part of the norms is declarative and requires the adoption of additional regulations establishing the mechanism of implementation of the Law. At the same time, the paper predicts the problems that will manifest themselves in the process of applying the Law and which, most likely, will be overcome by judicial practice.
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BLAIR, WILLIAM. "THE LEGAL STATUS OF CENTRAL BANK INVESTMENTS UNDER ENGLISH LAW." Cambridge Law Journal 57, no. 2 (July 1998): 374–90. http://dx.doi.org/10.1017/s0008197398000075.
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Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.
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Lai, Yu-Cheng, and Santanu Sarkar. "Gender equality legislation and foreign direct investment." International Journal of Manpower 38, no. 2 (May 2, 2017): 160–79. http://dx.doi.org/10.1108/ijm-08-2015-0133.
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Purpose The purpose of this paper is to examine the differences in the effects of gender equality legislation on employment outcomes among female and male workers in industries with different intensity of foreign investment (namely, foreign direct investment (FDI)-intensive industries and non–FDI–intensive industries). The specific employment outcomes that were studied to compare the effects of the legislation are the working hours, employment opportunities, and wages of female and male workers in Taiwan. Design/methodology/approach Using data from the annual Manpower Utilization Survey, the authors applied a differences-in-differences-in-differences estimation method to test the effect of gender equality legislation on employment outcomes. By using multinomial logit, the authors measured the effect of the legislation on employment opportunities. To correct for simultaneity and selectivity problems/biases, the authors adopted Heckman two-stage selection procedures. Likewise, the authors used weighted least squares to solve heteroskedasticity in the wage and working hour equations. Further, the instrumental variable (IV) method was used to correct for simultaneity bias in the equation on working hour. The authors applied three stages estimation method following Killingsworth’s (1983) approach to measure the effect of the legislation on wages and working hours. Findings The authors found the restrictions enforced by the gender equality legislation (namely the Gender Equal Employment Act (GEEA), enacted in 2002) in Taiwan to have made certain impact on the workers’ working conditions in FDI-intensive industries. The major finding indicated that in a country like Taiwan, where the legislature tried tilling the perpetual gender gap in its labour market, by passing a law to counter inequality, could finally narrow the gender gap in wages among workers in the FDI-intensive industries. Although initially after the enactment of the GEEA (between 2002 and 2004), the gender gap in part-timers’ wages has widened, yet over a period of time the gap in their wages too has narrowed down, particularly during 2005-2006. The legislation, however, could not improve the job opportunities for full-time female workers’ in FDI-intensive industries. Besides, post 2002, the female workers were found to have worked for shorter hours than male workers, which according to us, could be largely attributed to the enforcement of the GEEA. Practical implications An in-depth analysis of the labour market effects of gender equality legislation should be useful to policymakers, especially those interested in understanding the impact of legislative measures and policy reforms on labour market and employment outcomes across industry types. If enforcement of a gender equality legislation has succeeded in reducing the gender gap more in one set of industries than the others (e.g. foreign owned instead of domestic industries), as the authors noticed in this study, then the same should have a bearing on revamping of future enactment and enforcement too. Originality/value Current study findings would not only provide the broad lessons to the policymakers in Taiwan, but the results that have emerged from a country case study could be referred by other growing economies who are enthusiastic about improving female workers’ working conditions through legislative reforms.
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Hagen, Antje. "Patents Legislation and German FDI in the British Chemical Industry before 1914." Business History Review 71, no. 3 (1997): 351–80. http://dx.doi.org/10.2307/3116077.
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This article analyzes the investments in both manufacturing units and sales subsidiaries by German chemical companies in the United Kingdom prior to 1914. It extends the findings in the existing literature on the subject, as sales subsidiaries have not so far been investigated. In particular, the article focuses on the motives underlying these investments. By building sales subsidiaries, German companies hoped to improve their control over foreign distribution activities and to promote their own brand names. As for the creation of manufacturing outlets, the motives of the companies differed before and after the reform of the British patent law in 1907. Prior to patent law reform, branch plants were set up due to transport cost considerations, resource orientation, or the pursuit of monopoly. Further reasons included restrictions on the use of proprietary technology in the home country and capacity constraints in the home factory. It was only after 1907 that manufacturing units were established to safeguard the companies' British patents. Consequently, the traditionally held notion that it was solely the patent law of 1907 which sparked off German FDI in the British chemical industry needs to be modified.
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Kuźniacki, Błażej. "Article: European Union Law and Global Investment Regime: Unshell Proposal as a Next (Mis)step of the EU Against Investment Treaty Arbitration?" Intertax 50, Issue 11 (September 1, 2022): 782–802. http://dx.doi.org/10.54648/taxi2022084.
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This article addresses a largely unchartered interdisciplinary research area of the global investment regime and European Union (EU) law with an emphasis on the prevention of international tax avoidance in the EU. It focuses on the intersections between newly proposed anti-tax avoidance legislation by the European Commission that is known as the Unshell Directive (UD) and international investment agreements (IIAs). In this article, the author sets a stage for the intersections by discussing the Court of Justice of the European Union (CJEU) case law and the commission’s actions aimed against the most powerful enforcement tool in the global investment regime, i.e., the investor-state dispute settlement (ISDS) mechanism, by attempting to render it illegal and ineffective within the EU. The corresponding reactions from the arbitral tribunals are also addressed. The discussion evolves to identify and analyse the interplay between the proposal of the UD (also the Unshell Proposal or UP) and the IIAs to reveal that the impact of the former on the latter is ambiguous by design in order to minimalize legal certainty vis-à-vis protection of foreign investment in the EU via shell entities. This constitutes a foundation for potential, seismic tensions between the UD and the global investment regime that are not beneficial for marketing and development of the EU internal (single) market and may thus weaken the EU’s global competitiveness in the area of foreign investments. international investment law, EU law, good faith, ISDS, tax avoidance, shell entities
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Massadeh, Firas Abdel-Mahdi, and Tariq Abdel Rahman Kameel. "The Role of Intellectual Property Laws in Creating a Favourable Environment for Investment." Arab Law Quarterly 34, no. 4 (August 3, 2020): 428–39. http://dx.doi.org/10.1163/15730255-bja10048.
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Abstract This article analyses the role of intellectual property laws in fostering domestic and foreign investment in the United Arab Emirates (UAE). As a signatory to all the major international agreements on intellectual property rights, such as the World Intellectual Property Organisation, the UAE has established legislative protection of intellectual property rights to create a favourable environment for investment. This study has two main aims. First, it analyses whether the approach taken by UAE legislators provides assurance for intellectual property holders and their related investments. Second, it reviews whether this approach indicates if the UAE has the political and legal will to provide incentives for investors. The study found that the UAE’s intellectual property laws are equitable, accurate, and capable of drawing the attention of foreign direct investment. With such a competent legal framework, the UAE demonstrates it has the required political and legal will to foster foreign direct investment.
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TIAN, Yiran. "A Study on the System of Residence Preferences for Foreign Investors in France." Journal of Social Science Humanities and Literature 6, no. 4 (August 11, 2023): 57–62. http://dx.doi.org/10.53469/jsshl.2023.06(04).14.
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As a member of the European Union (EU), France's legal system for foreign investment includes the provisions of EU law and relevant domestic legislation. EU law is the prerequisite and framework for domestic legislation to promote foreign investment. Without violating the relevant treaties signed by the EU and EU law, France can formulate its own investment management policy according to its own national conditions. In recent years, in order to promote foreign investment, France has been seeking for innovation and change, and has carried out a series of reforms on the legal system for foreign investment on the basis of compliance with the investment-related laws and regulations at the EU level. The reform of France's legal system for promoting foreign investment mainly focuses on the issuance of visas for high-end talents and foreign students to attract foreign investors, as well as multi-type and multi-level tax incentives to attract foreign-invested enterprises. However, the effectiveness of the reform of France's legal system for promoting foreign investment has been affected to some extent by the complicated tax collection and management system and the tilted protection of employees in the labor law. Through a series of studies, this paper attempts to sort out the overall thinking and specific initiatives of France's reform of its legal system for promoting foreign investment, and objectively assess its impact and effectiveness, with a view to summarizing the lessons that can be drawn from China's efforts to improve its legal system for promoting foreign investment..
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Fedyaev, D. A. "CLAIMS FOR DISQUALIFICATION FROM VOTING AS PER THE LAW ON PROCEDURES FOR FOREIGN INVESTMENTS IN THE BUSINESS ENTITIES OF STRATEGIC IMPORTANCE." Ex jure, no. 2 (2022): 151–65. http://dx.doi.org/10.17072/2619-0648-2022-2-151-165.
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Abstract: the author focuses on studying the claims for disqualifying the foreign investors from voting at the meeting of shareholders (participants) of a business entity of strategic importance. This category of claims, which is not so common in Russian legal practice, is increasingly used in connection with exercising control over foreign investments by the Federal Antimonopoly Service of Russia in strategic sectors of the economy. Based on the analysis of the current legislation and existing doctrinal approaches, the conclusion is made about the priority of the judicial procedure for disqualifying the foreign investors from voting at the meeting. The ways are proposed to eliminate the offense after the court has taken the decision on disqualifying from voting.
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Kabatova, Elena V., Elena V. Vershinina, and Maxim A. Novikov. "Peculiarities of Legal Regulation of Shareholders Agreements (SHA) under Russian and Common Law." Moscow Journal of International Law 2, no. 2 (June 30, 2014): 150–68. http://dx.doi.org/10.24833/0869-0049-2014-2-150-168.
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The article is devoted to one of the urgent problems of corporate law, namely to legal regulation of shareholders agreements under Russian and common law. This issue gains currency in the light of comparative law in connection with the necessity of protection of minority shareholders’ rights in Russian companies.The necessity of legal fixation of the shareholders agreements (SHA) institute, in its turn, is conditioned by a number of reasons, namely: increase in number of transactions on merges and acquisitions (M&A), problems connected with the protection of the companies from illegal takeovers number of which has extremely increased in recent years and, certainly, by aspiration to attract foreign investments in the Russian economy by entry into transactions with foreign investors including creation of joint ventures (JV).Thus, the available negative tendency of avoiding Russian legislation and jurisdiction directly contravenes creation of the international financial center in Moscow. For development of financial sector it is necessary to increase attractiveness of Russian legislation and jurisdiction including expansion of SHA functionality (to the extent that it doesn’t entail violation of third parties interests).The article will be useful for students, professors of law and also for practicing lawyers.
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J. Mwakaje, Saudin, and Nuhu S. Mkumbukwa. "The New Arbitration Law in Tanzania: An Appraisal of Its Salient Features and Implications for Investment Disputes Settlement." Journal of International Arbitration 39, Issue 1 (February 1, 2022): 129–61. http://dx.doi.org/10.54648/joia2022006.
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Preference for arbitration as an option for dispute settlement is steadily on the rise, partly because of its perceived efficacious proceedings and enforceability. In 2020, Tanzania enacted a new legislation on arbitration with a detailed and defined framework, cascading through the entire qualifying process of arbitrators, initiating the arbitration proceedings, enforcement and recognition of foreign arbitral awards. This article analyses the corpus of the new legislation, its pertinent structural features, the gaps, and future prospects. The analysis is predicated on the ramifications of the new arbitration law for investment dispute settlements, particularly, state versus investors disputes, as envisaged under the national investment legislation. It concludes by highlighting several aspects which need to be revisited, such as the independence of arbitrators, duty to refer disputes to arbitration, and determination of arbitration costs. Further, a case is made for amendment of the existing national investment legislation in respect of dispute settlement provisions in order to create a harmonious arbitration regime in Tanzania. Tanzania arbitration law, implications to investment disputes, enforcement of foreign arbitral awards
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Regalsky, Andres M. "Foreign Capital, Local Interests and Railway Development in Argentina: French Investments in Railways, 1900–1914." Journal of Latin American Studies 21, no. 3 (October 1989): 425–52. http://dx.doi.org/10.1017/s0022216x00018502.
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Between 1900 and 1914, Argentina experienced the period of greatest growth of its railway network (see Fig. 1). During this time its total length was increased by about 12,000 miles, thus improving on the increase achieved during the railway boom of the 1880s. As before, the new peak was associated with a massive inflow of foreign capital which reached record levels: about 2,000 million gold pesos, against 800 millions during the 1880s. Furthermore, the new railway constructions were mainly made after 1907 and located in the pampas (see Tables 1 and 2). This rapid growth has been explained by many authors mainly as a global consequence of the so-called Mitre law (national law 5315), sanctioned in 1907, which standardised railway legislation in a way that favoured foreign investors, giving rise to an investment boom, especially among the British groups settled in the pampas.1
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Ben, Li. "Alternation of legislation of foreign investment in China." International Journal of Law and Management 51, no. 4 (July 10, 2009): 220–25. http://dx.doi.org/10.1108/17542430910974040.
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Memeti, Nora, and Agata Jurkowska-Gomulka. "SOEs, Foreign Investments & Competition: A View from the Gulf States." World Competition 44, Issue 4 (December 1, 2021): 507–26. http://dx.doi.org/10.54648/woco2021027.
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State-Owned Enterprises (SOEs) directly compete with private companies, including foreign investors. The scope of applicability of competition law towards SOEs constitutes one of the key features of national competition protection regimes. Two approaches (models) can be identified in this area: the equality approach (competition law applied in the same manner towards the public and the private sector; the model is based on the neutrality principle); and the differentiation approach (excluding fully the application of competition law on SOEs). The second model is usually justified by important social and economic goals, mainly by a necessity to provide highquality public services. However, the differentiation model may negatively affect both domestic competition and the investment atmosphere. The Gulf Cooperation Council (GCC) countries adopted competition laws that generally put SOEs and the public sector in a broader sense out of scrutiny of competition law regime. The paper aims to check what reasons lie behind a rejection of the neutrality principle in GCC’s competition laws, specifically if competition protection regimes are patterned on antitrust laws from liberal economies. By identifying how the differentiation approach to addressees of competition laws is reflected at a legislative or practical level in most GCC’s countries, the article tends to assess the impact of national competition laws on Foreign Direct Investments (FDI) in the Gulf region. competition law, Gulf States, neutrality principle, State-owned enterprises, foreign investments, national champions
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Marjanović, Darko, Ivana Domazet, and Valentina Vukmirović. "Legal environment as a factor in the inflow of Foreign Direct Investment: Case of Serbia." Journal of Eastern European and Central Asian Research (JEECAR) 11, no. 3 (June 4, 2024): 478–92. http://dx.doi.org/10.15549/jeecar.v11i3.1588.
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The economic growth and development of a country depend on the inflow of foreign direct investment, and the legal environment factors play an important role in securing it. Compared to other countries in South-Eastern Europe, Serbia has achieved remarkable results in terms of FDI inflows over the last ten years. The research examines the impact of the legal environment on FDI inflows in Serbia. The study was conducted using a quantitative approach and a survey technique based on a structured questionnaire. The basic set of the research consists of the 300 most prominent foreign investors (response rate of 28%) who invested capital in Serbia in the period 2011-2019. The results of the conducted research show that ownership in Serbian companies is the most important factor in the legal environment that influences a foreign investor's decision to invest capital in these companies. The results show that labor legislation, law enforcement, and confidence in the legal system can significantly contribute to a foreign investor's decision to invest capital in Serbia. The legal environment's implications influence investor decisions and shape the overall investment climate of a country. A well-structured and investor-friendly legal framework will increase Serbia's competitiveness and attractiveness for foreign investments.
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Gutsan, Tetiana, and Olha Melnykova. "Trends in the investment attractiveness of Ukraine under the conditions of marital state." Galician economic journal 87, no. 2 (2024): 30–39. http://dx.doi.org/10.33108/galicianvisnyk_tntu2024.02.030.
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The article characterizes the essence and role of the investment attractiveness of Ukraine's economy in wartime conditions, determines the factors determining the country's investment attractiveness and factors that affect it during martial law, and proves the need to develop strategies for attracting investments in conditions of instability. The dynamics of investment flows in Ukraine during the last twenty years were considered and the negative impact of the conflict in the east of the country on investment activity was indicated, the main investor countries and sectors where foreign investments were directed were identified. The components of Ukraine's investment attractiveness index were analyzed and its negative dynamics were noted. The main problems of the investment attractiveness of Ukraine's economy are singled out, in particular, military actions on the territory of Ukraine, significant damage to the energy system, infrastructure, and production capacities of enterprises; imprudence of investment cooperation; instability and opacity of state legislation; high level of corruption; imperfection of tax policy; weak judicial system; the impossibility of forecasting the development of the national economy even in the medium term. The need for active cooperation with the media and stakeholders, as well as the use of communication capabilities of leaders and influential personalities at the international level to attract and interest investors, is indicated. Attention was focused on the investment opportunities of the regions and the industries with the greatest investment potential were identified. Vectors of increasing the investment potential of Ukraine in the post-war period are proposed, such as supporting industries that will contribute to the restoration of destroyed production capacities (construction, energy, agro-processing, logistics, IT, etc.); active development of the military and defense industry; introduction of benefits for the affected business; introduction of state insurance of foreign investments to reduce the risk for foreign partners; increasing informational support for investors; reforming the judicial system; development of industrial parks; diversification of mechanisms for attracting investment funds to the country, in particular support by business angels, attracting venture and strategic investors, crowdfunding, etc.
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Ishikawa, Tomoko. "The Protection of Energy Investments under the ECT: An Extra-EU Country’s Perspective." European Investment Law and Arbitration Review 2, Issue 1 (January 1, 2017): 277–301. http://dx.doi.org/10.54648/eila2017013.
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This article examines the issues arising from the tension between EU law and the ECT that have significant implication on extra-EU disputes. First, it examines the relationship between secondary EU legislation and the ECT obligations, to demonstrate that they should be understood to form a hierarchical relationship in which the latter has primacy over the former. It then addresses the question of attribution and responsibility for breaching acts between the EU and its Member States, and proposes that a joint liability should be the norm for the ECT. It proceeds to examine the principle of ‘harmonious interpretation’ between EU law and the ECT provisions, the principle applied by the tribunal in Electrabel v. Hungary. It argues that, by effectively prioritising EU law (including secondary EU legislation) over the ECT obligations, the Electrabel tribunal’s approach fails to reflect the balance between the protections of foreign investors under the ECT and the economic integration of EU Member States. This article concludes by arguing that, given that the ECT is a multilateral treaty with a wide geographical distribution, a clear recognition of the nature of the ECT as an international agreement by relevant adjudicatory bodies and the European Commission would be necessary for a sustainable and effective protection of energy investments under the ECT.
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Qiu, Rungen. "Retrospection and perspective of foreign investment legislation in China (1979–2009)." Frontiers of Law in China 6, no. 1 (February 10, 2011): 131–60. http://dx.doi.org/10.1007/s11463-011-0121-9.
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Glazunova, I. V., and К. I. Chernikova. "Accredited investor: legal status and problems of taxation." Law Enforcement Review 5, no. 3 (October 2, 2021): 167–77. http://dx.doi.org/10.52468/2542-1514.2021.5(3).167-177.
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The subject of the research is the legal norms contained in legislation and other legal acts that regulate the grounds for the emergence and the mechanism for implementing the status of an accredited investor, requirements for individuals, as well as certain aspects of taxation of accredited investors. The experience of legal regulation of income from investment activities, used in foreign legislation, is also analyzed in the context of the topic.The purpose of the article is to confirm the need to revise the requirements for accredited investors, to clarify the legislative provisions of the personal income tax. The reason for this study was legislative changes that caused an ambiguous reaction among the entire legal community in Russia.The methodology. General scientific methods were applied in the framework of a comparative, logical and statistical study and analysis of law enforcement and judicial practice in the field of taxation of an accredited investors.The main results. The following issues were investigated. What was the reason for the introduction of the status of an accredited investor in Russian legislation? It was the need firstly to protect the rights of investors, and secondly to regulate and protect the stock market from unconsciously high-risk transactions. What requirements are specified in the law for obtaining this status, what requirements exist in foreign legislation and why does domestic legislation need to be revised? We can divide the requirements for obtaining the status into three general groups: experience, knowledge and risk. Investor is obliged to meet two criteria by European legislation, when only one criterion by Russian legislation. The problem of taxation of qualified investors was raised in the context of the progressive income tax rate. Taxation of qualified investors needs a thorough legislative review in terms of tax deductions.Conclusions. The ideas for the introduction of the status of an accredited investor, of a progressive personal income tax rate were implemented in Russian legislation from the legislation of foreign countries. Such Russian legal rules needs significant revision. The legislative term "accredited investor" should be introduced in legislation system. It is necessary to clarify the criteria for obtaining a status, as well as to consolidate the necessity for accredited investors to comply with two conditions instead of one. Such an initiative would allow investors themselves to approach investing more consciously and would remove risks from brokers. Tax legislation should be amended in part of tax deductions for persons whose main activity is investment, since the current state of affairs discriminates them against individuals in their rights. The revision of the fixed requirements as well as the clarification of the tax legislation will attract investors (both Russian and foreign) to the Russian stock market, while the economy will receive positive growth, intermediaries-brokers and issuing firms will be provided with protection from unconscious risks.
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Grigorieva, O. G. "Is the Path to Citizenship through Property Investment Possible in Russia?" Journal of Law and Administration 20, no. 1 (May 30, 2024): 75–83. http://dx.doi.org/10.24833/2073-8420-2024-1-70-75-83.
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Introduction. Real estate has undoubted investment advantages. Moreover, in a number of countries it is a bridge for simplified obtaining a residence permit or even citizenship. In Russia, the legal regime of immovable property undoubtedly has a number of advantages. The very possibility to have property on the right of private ownership (including land plots) gives owners confidence in the possession and use of real estate. The legislation on real estate is characterized by stability and is less susceptible to change. Low rates of property tax calculated on the cadastral value of the property facilitate the acquisition of real estate. The variety of real estate objects allows citizens and legal entities to own residential and non-residential premises and parking places. With the development of digitalization of state administration, the registration of rights to immovable property has become as simple and accessible as possible, allowing owners to protect their property from fraudulent schemes. Property prices in Russia are steadily rising, which also stimulates investment in this sector. Whether investments in real estate contribute to obtaining citizenship of the Russian Federation in an accelerated (preferential, facilitated, etc.) manner will be shown in this article. Materials and methods. This study is based on: 1) the totality of such methods of scientific cognition as: the dialectical method, which allowed to connect the theory of civil and land law and the practice of the Constitutional Court of the Russian Federation; the formal-legal method allowed to analyse legislative norms; the system method allowed to consider the institute of national treatment of foreign citizens in Russia as a system with internal unity and interrelations with other institutions of law (the institute of citizenship, the institute of property rights, etc.); 2) the results of the author's survey of the moderators of My Hectar Programme regarding the demand of foreign citizens for land plots sold under the Programme; 3) analysis of the Decisions of the Constitutional Court of the Russian Federation. Research results. The study found that in Russia, at the constitutional level, foreign citizens are granted national treatment, exceptions to which are provided for by federal laws. Restrictions on the rights of foreigners are stipulated by a number of federal laws. For example, civil legislation has traditionally prohibited ownership of certain categories of land plots. As a response to western sanctions, in March 2022 a special permissive procedure was introduced for citizens of unfriendly countries to acquire ownership of real estate. The legislation on citizenship of the Russian Federation does not provide for any privileges for foreigners to obtain citizenship through investments in the country's economy in general, in real estate and business in particular.Discussion and сonclusion. The Russian Federation policy regarding the rights of foreign citizens to immovable property should continue to be aimed at maximum protection of the interests of national security and sovereignty of the country, and priority opportunities for Russians to acquire real estate. Certainly, the state should stimulate foreign investment. However, in the conditions of aggravation of international relations and threats to Russia's national security, it would be advisable to introduce a permissive procedure for the acquisition of real estate for all foreign citizens, taking into account the foreigner's occupation and the purpose of acquiring real estate, sources of his income, possible links with organizations banned in Russia.