Foreign Investment Law In A Nutshell

Author: Ralph H. Folsom
Editor: West Academic Publishing
ISBN: 9781684671465
Size: 10,14 MB
Format: PDF
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Foreign investment is commonplace around the globe. Inbound and outbound foreign investment flows are massive as home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national in character and varies considerably. Foreign Investment Law including Investor-State Arbitrations in a Nutshell reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. After introducing entry and operational control patterns found primarily in the developing world, notably expropriation, this Nutshell focuses on investing in China, Europe and North America as "case studies". It also explores the multitude of foreign investment treaties (BITs) and the dynamic investment law of NAFTA 1994 and its USMCA 2018 successor. Controversial, specific foreign investor-host state arbitration awards and systems are closely examined.

Foreign Investment Law In A Nutshell

Author: Ralph Folsom
Editor: West Academic Publishing
ISBN: 9781634602839
Size: 10,20 MB
Format: PDF, Docs
Read: 124
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Foreign investment is commonplace around the globe. Inbound and outbound foreign investment flows are massive as home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national in character and varies considerably. Foreign Investment Law in a Nutshell reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. After introducing entry and operational control patterns found primarily in the developing world, notably expropriation, this Nutshell focuses on investing in China, Europe and North America as "case studies". It also explores the multitude of foreign investment treaties (BITs) and the dynamic law of NAFTA on foreign investment. The controversial foreign investor-host state arbitration systems for disputes established under BITs and NAFTA are closely examined.

International Investment Law And Globalization

Author: Jean-Michel Marcoux
Editor: Routledge
ISBN: 0429946996
Size: 14,14 MB
Format: PDF, Mobi
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In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors' responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors' responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms.

Law For Foreign Business And Investment In China

Author: Vai Io Lo
Editor: Routledge
ISBN: 1134053738
Size: 20,76 MB
Format: PDF, Kindle
Read: 306
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In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution. Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts with examples of court decisions; discusses relevant foreign trade and investment polices; and includes a glossary of Chinese terms.

Principles Of International Investment Law

Author: Rudolf Dolzer (jurist)
Editor: Oxford University Press
ISBN: 0199651795
Size: 18,63 MB
Format: PDF, ePub, Mobi
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This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

International Business Transactions In A Nutshell

Author: Ralph Haughwout Folsom
Editor: West Academic
ISBN: 9780314151018
Size: 15,39 MB
Format: PDF, ePub, Docs
Read: 946
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This Nutshell examines the negotiation of business transactions; the documentary sale; currency issues; technology transfers; dispute settlement; and the immunity of states and the act of state doctrine in commercial arbitration. Also provides an evaluation of business transactions in developing and non-market economies.

The Foundations Of International Investment Law

Author: Zachary Douglas
Editor: OUP Oxford
ISBN: 0191508586
Size: 13,14 MB
Format: PDF
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Nafta Free Trade And Foreign Investment In The Americas In A Nutshell

Author: Ralph Haughwout Folsom
Editor:
ISBN: 9780314290267
Size: 13,72 MB
Format: PDF
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This Nutshell provides a quick reference for students and practitioners on the North American Free Trade Agreement (NAFTA), the Central American Free Trade Agreement (CAFTA), Mercado Comun del Sur (MERCOSUR), and numerous other free trade agreements in the Americas. No lawyer or business operating in the Americas can escape their significance. They represent the future, a blending of national legal and business cultures and traditions. This book addresses the interests not only of North, South and Central Americans, but also persons located outside the region who worry about the externalities of free trade in the Americas. NAFTA treaties are appended.

Law And Politics In The People S Republic Of China In A Nutshell

Author: Ralph Haughwout Folsom
Editor: West Group
ISBN: 9780314009999
Size: 17,14 MB
Format: PDF, ePub, Mobi
Read: 352
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Cashing In On A Second Home In Mexico

Author: Tom Kelly
Editor: eBookIt.com
ISBN: 1456605208
Size: 10,74 MB
Format: PDF, ePub, Mobi
Read: 762
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After nearly a decade of work in Mexico insuring real estate properties to foreign purchasers, the same issues always seem to surface regarding second home acquisitions: "If I buy a house in Mexico, don't I get a 99-year lease from the government?" "I understand that I can buy a residence in Mexico only if the title is vested in a Mexican corporation." "I didn't think Americans could own Mexican beachfront properties." All of these suppositions are incorrect. This book attempts to help clarify and explain why Mexican real estate, when using the proper safeguards, can be a terrific, secure investment. It will also explore the purchasing mistakes of the past, summarize several of the attractive new locations that are luring foreign dollars and explain why Mexico is so eager to welcome second home buyers from outside its borders. The worst thing a potential purchaser can do is to remain ignorant of the law and procedures involved in the conveyance of real estate in a foreign country. As we state several times in this book, Mexico is not the perceived "Wild West" where anything goes and the prevailing Mexican attitude is "trust me, no problema." It is inherently important for non-Mexican buyers to understand that Mexico has formality of law with authorized regulation of real estate development procedures at all levels. This process is coupled with a statutory government framework for the legal conveyance of real property. Great personal wealth has been attained through real estate ownership, but for most of us, it has been limited to investment in a primary residence. Although Mexican real estate also can be a viable investment venue, Americans have had a great deal more trepidation considering properties "south of the border." And for good reason--considering the history of some acquisitions. Given today's investment climate, however, Mexico provides an attractive, alternative arena for potential investment. Real estate in Mexico should have a similar appreciation "upside" as does real estate in a U.S. development--coupled with the advantage of use and enjoyment of the property as a vacation residence.