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Cordula A. Meckenstock - Investment Protection and Human Rights Regulation

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Cordula A. Meckenstock

Investment Protection and Human Rights Regulation

Series: Leipziger Schriften zum Völkerrecht, Europarecht und ausländischen öffentlichen Recht

Volume 17 2010

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Why Foreign Investment? S. 17-20

„… Investment2.1 Why Foreign Investment?Why do investors invest in foreign countries and do not stay in their …” „… foreign means of production by an investor.62.3 Short History of Foreign InvestmentForeign investment in …” „… Part IIA Short Introduction into ForeignInvestment and its Legal Regime17Chapter 2: Foreign …”

Short History of Foreign Investment S. 20-21

„… Short History of Foreign InvestmentForeign investment in the forementioned understanding is a phenomenon …” „… of Foreign Direct InvestmentAccording to the UNCTAD World Investment Report 2008, the worldwide FDI …” „… Foreign Investment2.2 What is Foreign Investment exactly?Not only the reasons for foreign …”

What is Foreign Investment exactly? S. 20

„… Short History of Foreign InvestmentForeign investment in the forementioned understanding is a phenomenon …” „… Foreign Investment2.2 What is Foreign Investment exactly?Not only the reasons for foreign …” „… between socalled foreign direct investment (FDI) and portfolio investment.4 Foreign direct investment is a …”

Volume of Foreign Direct Investment S. 21-22

„… througha blend of diplomacy and force.8 Foreign direct investment and portfolio investmentas cross-border …” „… of Foreign Direct InvestmentAccording to the UNCTAD World Investment Report 2008, the worldwide FDI …” „… and economic crisis.2.5 Pros and Cons of Foreign Direct InvestmentThere is a complex bundle of …”

Pros and Cons of Foreign Direct Investment S. 22-24

„… Foreign Direct InvestmentThere is a complex bundle of interests of the host countries concerning inflowing …” „… graphic overview “Foreign Direct Investment—the Key Actors” in AmnestyInternational, Human Rights, Trade …” „… American countries became a highly attractive target for foreign investments. The main reason was the big …”

Bibliography S. 171-176

„… of World Affairs, 33 2009,p. 1.Cotula, L., Sustainable Markets Investment Briefings: Foreign …” „… Foreign Direct Investment. International Organization, 572003, p. 587.Kegel, G.; Schurig, K …” „… .Kinoshita, Y.; Campos, N.F.; Hall W., Estimating the Determinants of Foreign DirectInvestment Inflows: How …”

The Relationship between the Rule of Law and FDI S. 34-40

„… interconnection between the first two chain links, rule of law and inflow of foreign direct investment,is very …” „… rational when it comes to their investment decision. Foreign investors do not make their decision in …” „… factored into the risk-rewardanalysis the foreign investor runs before making his investment decision.69 …”

Treaty Law S. 24-26

„… Besides those, investment protection agreements—so called StateContracts—between host states and foreign …” „… turned out not tobe specific enough for an effective protection of foreign investment. Where no “modern …” „… foreign investment.19 Even though foreign investment has reacheda considerable importance on the …”

In Detail: State Contracts S. 29-32

„… . Cotula, Sustainable Markets Investment Briefings: Foreign Investment Contracts. IIED BriefingPapers, 4 …” „… by M. Sornarajah, The Settlement of Foreign Investment Disputes. Kluwer Law International, 2000 on pp …” „… arbitral awards as well as Sornarajah, The Settlement of Foreign Investment Disputes(as in n. 50) on pp …”

Ex Ante Tools S. 139-146

„… all participants in foreign investment processes [...] ”.Furthermore, there are three entire articles …” „… foreign investor, butit is a consensual contractual undertaking. It involves the foreign investor and …” „… appropriate to let the foreign investor bear thecosts and risks of such domestic regulation that is undertaken …”

Customary International Law S. 26-27

„… foreign investment flowinginto their economies.31 Since the big FDI rush in the 1990s, the most dynamic …” „… protection of foreign investment. BITs are the successors of the36 Kläger (as in n. 3), p. 971; Krajewski (as …” „… sophisticated and investment-friendly instruments are embedded in the framework of the different legal …”

Titelei/Inhaltsverzeichnis S. 2-12

„… Stiftung.ContentsPart I: Introduction 131. Introduction 15Part II: A Short Introduction into Foreign Investment and its …” „… Legal Regime 172. Foreign Investment 192.1. Why Foreign Investment? 192.2. What is Foreign Investment …” „… exactly? 202.3. Short History of Foreign Investment 202.4. Volume of Foreign Direct Investment 212.5. Pros …”

International Law S. 102-110

„… University Press, 2008 on p. 509.292 Sornarajah, The International Law on Foreign Investment (as in n. 4) on …” „… investment-backed expectations; andiii) the character of the measure or series of measures;c) Except in rare …” „… Chapter 16: Balancing the Tension between Investment Protection andDomestic Regulation in …”

Introduction S. 13-16

„… .1 One tool to foster economicdevelopment is the attraction of foreign direct investment (FDI). The …” „… . Foreign investment projects are normallylong term-projects of a considerable volume. Typically they are …” „… legal regime of foreign investment matters.16 …”

In Detail: Bilateral Investment Treaties (BITs) S. 27-29

„… Those are international agreements betweentwo states regulating the protection of foreign investment …” „… . Cotula, Sustainable Markets Investment Briefings: Foreign Investment Contracts. IIED BriefingPapers, 4 …” „… Investment Protection Laweconomic and financial politics after decoloniasation. The minimum …”

Case Law S. 111-118

„… alios, a foreign investor or investment is not deemed expropriating and compensable unless specific …” „… reasonable expectations.318 The foreign investor needs toprove that his investment was based on assumptions …” „… investment-backed expectations.16.3.1 Degree of Interference with the Property RightThis approach is most concerned …”

FDI in the Rule of Law Reform Process S. 40-41

„… certain persistence of the foreign investment whichin turn leads to economies of agglomeration economies …” „… mechanism has to do with FDI being more of a long term investment in contrastto portfolio investment which …” „… investors mimic past investment decisions in order to profitfrom th economies of agglomeration. For all …”

Conclusions and Drafting Proposal S. 133-136

„… regulatoryand/or economic frame of foreign investment projects.Especially host states that are developing countries …” „… scopeall measures that infringe upon the foreign investor’s rights, but stay below the thresholdof indirect …” „… between investment protectionand domestic regulation, i.e. between the need for reliable stability and …”

The “Regulatory Chill Effect” S. 97-100

„… consequences and refrain from domestic regulationthey would otherwise like to undertake. Foreign investment …” „… Law & Business 1 [2008] (as in n. 97) on p. 171; Idem, OECD InvestmentPolicy Perspectives 2008 (as in …” „… interferes with the regulatory frame or the economicequilibrium of the investment project triggers easily …”

„… spanning most foreign investment-relationshipsare perceived as sufficient to grant the foreign investor the …” „… or nullifysuch commitments”. Foreign investment disputes are usually carried out in front of …” „… law.167 Finally, they haveto observe foreign investment agreements in good faith.168 The host state’s …”

Conclusions about Stabilization Clauses in State Contracts S. 62-64

„… at stabilizing the regulatory framework or the economic equilibrium of the investment project. They …” „… two World Wars underthe impressions of governmental overtakings of foreign enterprises in …” „… stabilizationclauses” are aimed at stabilizing the regulatory frame of an investment project by withdrawing the State …”

Varieties of Stabilization Clauses S. 47-53

„… stabilization clauses is to contribute to the regulatory and economicstability of an investment project.97 The …” „… terms and conditions of the investment projectshall be stabilized, thereby contributing to manage its …” „… regulatory orthe economic framework of the investment project unilaterally by legislative, administrative, or …”

Conclusions S. 146-148

„… investment treaty. The investors claim that certain miningprovisions of the Black Economic Empowerment Act …” „… lead to a fair balance between investment protection and domestic regulation in favourof the …” „… need to be trained inthe area of international investment law and the relevant negotiation praxis. This …”

Main Theses S. 163-168

„… Part IXMain Theses163Chapter 22: Main Theses1. Investment protection and domestic regulation for …” „… human rights purposes are intension.2. The tension between investment protection and domestic regulation …” „… stems from thecolliding aims of predictability and stability on the foreign investor’s side and theneed …”

The “Selective Regulation” S. 100-102

„… otherwise like to undertake. Foreign investment projects in turn are normallyvery voluminous in size and …” „… payments in favour of the foreign investor. Besides the youngerbilateral or regional investment treaties …” „… host states need to regulate to prevent human rights violations by foreign investors to the detriment …”

International Literature S. 118-121

„… regulatory measures override the foreign investor’s financial interest in its investment? An important …” „… affects,inter alios, a foreign investor or investment is not deemed expropriating and compensable unless …” „… Chapter 17: Balancing the Tension between Investment Protection andDomestic Regulation in …”

Measures below the expropriating Threshold S. 87-88

„… that the foreign investor must be “radically deprived ofthe economical use and enjoyment of its …” „… investments, as if the rights related thereto—such as the income or benefits ...—had ceased to exist.”230 …” „… the investment project. This promise—incorporated in the according stabilization clause—could lead to …”

Model Clauses S. 130-133

„… hasundertaken considerable work in the area of the reconciliation of foreign investment andsustainable …” „… disputes and compensatory payments under international investment law were outright seizures of property …” „… even amount to indirect expropriations, but are stillclaimed to violate foreign investors’ rights.342 …”

Case Law S. 121-122

„… foreign investor or investment is not deemed expropriating and compensable unless specific commitments had …” „… Clausesto the then putative foreign investor contemplating investment that the governmentwould refrain from …” „… StateContract they are signing. Foreign investors in turn have frequently a higher level ofsophistication …”

Categorization of Drafting Ideas S. 125-130

„… the U.S.-Dollar. Due to thismeasure, many foreign investors lost great part of their investments and …” „… hasundertaken considerable work in the area of the reconciliation of foreign investment andsustainable …” „… Proposals for Regulatory Takingsoften since the home state of the foreign investor will probably not be …”

Literature S. 110-111

„… University Press, 2008 on p. 509.292 Sornarajah, The International Law on Foreign Investment (as in n. 4) on …” „… investment-backed expectations.16.3.1 Degree of Interference with the Property RightThis approach is most concerned …” „… objective.16.2 LiteratureIn international literature, the issue of the tension between investment protection …”

Ex Post-Tools S. 136-139

„… foreign investment projects.Especially host states that are developing countries or transition economies …” „… and/or economic frame of the investment project.358 Host states are induced to shy away from …” „… consequence of the long lifetime offoreign investment projects, there are still many State Contracts in force …”

„… the boundaries of international law.167 Finally, they haveto observe foreign investment agreements in …” „… good faith.168 The host state’s freedom ofcontract remains intact—it can enter into foreign investment …” „… natural resources they are supposed to have always alawful ground for the termination of all investment …”

Conclusions S. 88-90

„… Global Investment.Journal of International Economic Law, 9 2006:3 on pp. 673-674, and H. Smith, The …” „… and/or economic frame of the investment project are all forms of direct and indirect expropriations. They …” „… deprive the foreign investor of his property throughan outright seizure; or they have the same effect …”

Conclusions about the Legal Effects of Classic Stabilization Clauses S. 60-62

„… concluded between host states that are parties to a BIT and foreign investors whose homestates are parties …” „… the investment project. They are a risk mitigation tool for the foreigninvestor, targeted at …” „… been “invented” between the two World Wars underthe impressions of governmental overtakings of foreign …”

Jurisdiction S. 27

„… Those are international agreements betweentwo states regulating the protection of foreign investment …” „… Investment Protection Laweconomic and financial politics after decoloniasation. The minimum …” „… standard principlehas been applied mainly by Western states and requires some minimum treatment for foreign …”

Regulatory Takings S. 86-87

„… in depth later on in connection with thetension between investment protection and domestic regulation …” „… to an indirect expropriation. The ICSID tribunal found that the foreign investor must be “radically …” „… deprived ofthe economical use and enjoyment of its investments, as if the rights related thereto—such as …”

Integrating FDI into the Rule of Law Reform Process S. 41-42

„… stability and investment climate. Thathappens because foreign investors are rationally bounded—they are …” „… . All this sums up to a big potential catalyst effect foreign investors canhave. They have lobbying …” „… power, they have knowledge, they are an important educationaltool. Making use of these assets, foreign …”

Expropriations S. 75-82

„… investment project is the direct orindirect expropriation of the foreign investor’s property. This can happen …” „… economic frame of the investment project. The mostprofound way in which a host state can interfere with an …” „… example,many foreign oil companies were expropriated in the 1970s since the host state wanted tobe in control …”

Stabilization Clauses Generating the Tension between Stabilization and Regulation S. 93-97

„… ) on p. 171; Idem, OECD InvestmentPolicy Perspectives 2008 (as in n. 211) on p. 11; Amnesty …” „… tension between investment protection and domestic regulation is easily to recognize. Host states …” „… ’ investment protectionefforts aim at attracting and promoting FDI which they deem important for their economic …”

Conclusion S. 122-124

„… Balancing the Tension—Stabilization Clausesto the then putative foreign investor contemplating …” „… investment that the governmentwould refrain from such regulation [...]“334In the “Parkerings case”335 the …” „… investor made its investment [...]”Both tribunals seem to recognize the host state’s necessity and right to …”

Indirect Expropriations S. 82-86

„… Development. OECD InvestmentPolicy Perspectives, 2008, p. 4.83Compensatory Measures under International …” „… of the already wide spanningnet of BITs.203 Through them foreign investors are protected in case of …” „… International Investment Law. British Institute of International and Comparative Law, 2008, AnnexII, pp …”

Conclusions S. 73-74

„… are important to promote and attract foreign investment. The variouswell-founded concerns brought …” „… the host states’ possibilities to attract andpromote foreign investment on a credible basis.74 …” „… able to set and alter the regulatory frameof the investment project although they might have promised …”

Conclusions S. 42-44

„… women in leading positionsare to be mentioned. The training efforts of foreign investors should become …” „… institutionalized. The foreign investors should be invited to send their educational staff to localuniversities as …” „… internships. Overall, foreign investors who are interestedin attaining a higher level of the rule of law …”

Factual Background S. 149-153

„… by local business,• follow-on foreign direct investment as a result of realizing successful …” „… massive infrastructure project on their own. Therefore foreign oil companies wereneeded to raise the …” „… majorlender—its investment in the BTC pipeline consists of a loan up to USD 125 million forits own account and a …”

Introductory Remarks S. 45-47

„… economicstability of an investment project.97 The terms and conditions of the investment projectshall be stabilized …” „… government commits itself not to alter the regulatory orthe economic framework of the investment project …” „… promote and attractforeign investment, particularly in energy, natural resource and infrastructure …”

Implications of “Classic Stabilization Clauses” on the Threshold Triggering a Compensatory Duty S. 90-91

„… Global Investment.Journal of International Economic Law, 9 2006:3 on pp. 673-674, and H. Smith, The …” „… contract in case of interference with the regulatory frame of the investment project. “Economic …” „… scope of the stabi-233 L. Cotula, Sustainable Markets Investment Briefings: The Regulatory Taking …”

Implications of “Economic Stabilization Clauses” on the Threshold Triggering a Compensatory Duty S. 91-92

„… investment project from allkinds of legislative or administrative interference.236 The threshold is therefore …” „… thresholds. The thresholds are lowered from the prerequisiteof an interference with the investment project …” „… stabilization clauses” protect the investment project from interference withits economic equilibrium. Full …”

Meaning of the “Rule of Law” S. 32-33

„… examined in detail by J. Hewko, Foreign Direct Investment in Transitional Economies : Does the Rule of Law …” „… . One reason is that rule of law reforms are an organic, slow process.Foreign investors cannot wait for …” „… rule of law in a country is just one outof several reasons to invest. Foreign investors decide whether …”

„… are important to promote and attract foreign investment. The variouswell-founded concerns brought …” „… Compare the chapter “Can a State bind itself by Contract?” in P. D. Cameron, Stabilisation in Investment …” „… frameof the investment project although they might have promised not to do so in the according State …”

International Law S. 118

„… regulatory measures override the foreign investor’s financial interest in its investment? An important …” „… Chapter 17: Balancing the Tension between Investment Protection andDomestic Regulation in …” „… Praxi—Stabilization ClausesBalancing the tension between investment protection and domestic regulation in case …”

Relevance of Stabilization Clauses S. 53-56

„… ” of foreign funded enterpriseshappened. Local governments had granted concessions to foreign …” „… Clauses?contracts” with foreign governments to protect themselves against expropriations and nationalizations. The …” „… one of the firstbranches with foreign investor involvement and therefore one of the first industry …”

The “Reform Menu” S. 33-34

„… investment,is very controversially discussed and appears to be more intertwined and cyclical than to66 Compare …” „… “reform menu” is laid out by T. Carothers, The Rule of Law Revival. Foreign Affairs, 77 1998 onpp. 7-8.65 …” „… country. The interconnection between the first two chain links, rule of law and inflow of foreign direct …”

Analysis S. 161-162

„… an infringement upon the economic frame of the investment projectsince compensatory duties would be …” „… a positive practice for the balancing of investment protection anddomestic human rights regulation …” „… . It is an empirical example that foreign investors arewilling and able to enter into contractual …”

doi.org/10.5771/9783845226996

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Yuanshi Bu (ed.)

Chinese Business Law

2010

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. Foreign Investment Law S. 77-102

„… 17:39:23 3B2 9.1.431; Page size: 160.00mm 240.00mm Chapter 3. Foreign Investment Law Literature: CHEN …” „… 2007. LI Shouquan (李寿全), The Legal Environment and Risks for Foreign Investment in China (中国外商 …” „… 投资法律环境与风险), Beijing 2006. LIN Huawei (林华伟), Legal Guide to Foreign Investment in China (外商在华投资法律指南), Beijing …”

. Mergers and Acquisitions S. 147-178

„… open its markets, the PRC government began to allow foreign investments in many formerly restricted …” „… regulations governing foreign investments in SOEs, especially in listed SOEs. 5 On June 22, 2009, the 2006 M&A …” „… book (supra Chapter 3 at 1 et seq.), foreign direct investment (FDI) in China is subject to certain …”

. Outbound Investment from China S. 377-394

„… inbound foreign investment to China, outbound investment from China still lacks a centralized regulatory …” „… 20090121_110055.html. 4 2007 Statistical Bulletin of China’s Outbound Foreign Direct Investment, issued jointly by …” „… Administration of Foreign Exchange for Outbound Direct Investment by Domestic Entities (境内机构境外直接投资外汇管理规定), issued …”

. Offshore Investment Vehicles S. 395-406

„… investments”, as the “foreign” capital, which is invested in a Chinese domestic company through an offshore …” „… use of an offshore SPV in a round-trip investment is allowed provided that foreign exchange …” „… registration with the SAIC & SAFE 1. Remarked Foreign Investment Certificate of Approval being void …”

Titelei/Inhaltsverzeichnis S. 1-22

„… , including corporations, foreign investment, securities, M&A, anti-monopoly, secured transactions, bankruptcy …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Chapter 3. Foreign Investment Law …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 1. Concept of Foreign Direct Investment …”

Index S. 407-412

„… data provided by foreign companies 1 32 First-to-file principle 10 4, 20, 36 Foreign direct investment …” „… 3 1 Foreign exchange administration 3 53–55 Foreign investment enterprise 3 6 Foreign …” „… – Denial of the full-market economy status 1 11 Non-remarked foreign investment COA 5 68 Non-tariff …”

. Securities S. 103-146

„… version being effective as of January 1, 2006) as well as other laws (e. g., the Securities Investment …” „… of securities investment funds shall be governed by this Law. Where there is any special provision in …” „… For government bonds and securities investment fund units, the application of the Securities Law is …”

. China’s Accession to WTO S. 23-36

„… foreign direct investment implemented in the months before completing WTO accession, Brooklyn Journal of …” „… Foreign-funded Banks (外资银行管理条例实施细则), the latter being specifically devoted to foreign investment in Chinese …” „… . Ulrich, Quest for legal safeguards for foreign exporters under China’s anti-dumping regime, North …”

. Corporations and Partnerships S. 37-76

„… laws on foreign investment, the Company Law also applies to foreigninvested enterprises (FIE),8 which …” „… . Such restrictions exist, among others, in the area of foreign direct investment.30 4. Compulsory …” „… on the intended business, and special provisions on foreign investment may require higher amounts of …”

. Antitrust S. 179-204

„… . 4, 63–67. STUDENT, Richard, China’s New Anti-Monopoly Law: Addressing Foreign Competitors and …” „… mid-1990s.7 Foreign enterprises will remain one of the main targets of the implementation of the AML …” „… Domestic Enterprise by Foreign Investors (supra Chapter 5 at n. 1); Interim Provisions (of the NDRC) on …”

. Bankruptcy S. 243-290

„… Acknowledging Extraterritorial Effect System of Foreign Bankrupt Procedure And Its Improvement …” „… enterprise22 bears unlimited liabilities which are not capped at the original capital investment, neither of …” „… both domestic and foreign investors’ confidence in the Chinese economy as a fair and market driven one …”

. Secured Transactions S. 205-242

„… . vs. Ningbo Dongfang Investment Joint Stock Ltd. (湖南机械进出口(集团)股份有限公司等与宁波东方投资有限公司代理进口合同纠纷案), Judgement …” „… China Changcheng Zichan Guanli Co. Chengdu Representation Office vs. Sichuan Xindu Investment Group Ltd …” „… ’ meeting.23 b) Creation of Security Rights in Favor of Foreign Creditors 16 In addition to the general …”

. Intellectual Property in Transactions S. 333-376

„… Countries, World Investment Report 2005. WANG Chun (王春), Several Issues on Pledge on Trademark Rights (商标权质押 …” „… Infringement Disputes over Foreign-related OEM (涉外“定牌加工”商标侵权纠纷的法律适用), Intellectual Property (知识产权) 2008, no. 4 …” „… evidenced by the sheer amount of investment guides addressing this topic. With respect to the substantive …”

doi.org/10.5771/9783845265452

Dipak Basu, Victoria W. Miroshnik - India and China

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Dipak Basu, Victoria W. Miroshnik

India and China

2023

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6 China: Foreign Trade and Foreign Investments S. 77-100

doi.org/10.5771/9781666921939

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Rongji Zhu

Zhu Rongji on the Record

2018

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Utilizing Foreign Investment and Developing Foreign Trade S. 23-25

We Muse Use Foreign Investments Boldly S. 174-177

Several Issues Regarding Attracting Foreign Investment S. 335-337

Some Principles for Establishing the Shanghai Foreign Investment Commission S. 87-91

Press Conference Announcing the Establishment of the Shanghai Foreign Investment Commission S. 95-100

doi.org/10.5771/9780815731405

Marc Bungenberg, August Reinisch, Christian Tietje - EU and Investment Agreements

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Marc Bungenberg (ed.), August Reinisch (ed.), Christian Tietje (ed.)

EU and Investment Agreements

Series: Studien zum Internationalen Investitionsrecht

Volume 7 2013

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Angelos Dimopoulos Foreign Investment Insurance and EU Law S. 169-192

„… Investment Insurance Systems – Still a Member State Business? Foreign Investment Insurance and EU …” „… Law Angelos Dimopoulos* Introduction One of the main characteristics of foreign investment is the …” „… assumption of risk. In order for a business activity to qualify as a foreign investment and enjoy the …”

Wenhua Shan, Sheng Zhang The Potential EU-China BIT: Issues and Implications S. 87-120

„… foreign investors may enjoy in the host state in making investment-related monetary transfers110. However …” „… trade2 but also on investment. Foreign direct investment (FDI) from the EU accounts for one fifth of …” „… % of the EU’s total overseas FDI, whilst China’s foreign investment in the EU accounts for 1% of the …”

Joachim Steffens Investment Insurance Systems – Still a Member State Business: Current Developments with regard to Investment Insurance Systems S. 193-200

„… Investment Insurance Systems Joachim Steffens Introduction The transfer of competence for foreign direct …” „… latter. For Germany, as one of the leading nations in the field of foreign direct investment, this issue …” „… for foreign direct investments internationally. While numerous stimulus packages, put in place around …”

Céline Lévesque The Challenges of ‘Marrying’ Investment Liberalisation and Protection in the Canada-EU CETA S. 121-144

„… exclusive competence over foreign direct investment (FDI)5. Generally speaking, the EU and its Member States …” „… investment28. The Commission issued a Communication on July 7, 2010 to elucidate the EU’s foreign investment …” „… standards of protection and seek to increase Europe’s attractiveness as a destination for foreign investment …”

Armand de Mestral The Role of Canadian Provinces in the Negotiation of the CETA: Canadian and European Perspectives S. 145-164

„… investment issues stems from the absence of a genuine foreign affairs power in the Constitution of Canada.9 …” „… over the regulation of foreign investment has been the object of very little litigation. Such cases, as …” „… admission of, and setting conditions for, foreign investment, but no case has definitely decided that the …”

Stephan W. Schill Luxembourg Limits: Conditions for Investor-State Dispute Settlement under Future EU Investment Agreements S. 37-54

„… Agreements Stephan W. Schill Introduction The integration of ‘foreign direct investment’ into the common …” „… started a process in which the EU is re-defining the scope and direction of its future foreign investment …” „… European Union, OJ C 115/47, (9.5.2008). 2 On the EU’s foreign investment policy more generally, including …”

Frank Hoffmeister, Güneş Ünüvar From BITS and Pieces towards European Investment Agreements S. 55-86

„… ) broadened the scope of the EU’s common commercial policy by including ‘foreign direct investment’. This …” „… Investment: Where Now?’ (2000) 34 International Law1033, 1049. 26 Jan Ceyssens, ‘Towards a Common Foreign …” „… Investment Policy? Foreign Investment in the European Constitution, (2005) 32 Legal Issues of Economic …”

Marc Bungenberg, August Reinisch, Christian Tietje Preface S. 5-10

„… competence concerning foreign direct investment in Article 207 TFEU, including an external treatymaking power …” „… to represent the EU/Member State in case of investment claims raised by foreign investors; who will …” „… insurance covering FDI, addressing, among others, the harmonisation of rules on foreign investment insurance …”

Colin Brown, Ilmārs Naglis Dispute Settlement in Future EU Investment Agreements S. 15-36

„… the entry into force of the Lisbon Treaty2. This Treaty provides that ‘foreign direct investment’ now …” „… EU’s competence for the Common Commercial Policy (part of which is now foreign direct investment …” „… As of the entry into force of the Lisbon Treaty (as of 1 December 2009) ‘foreign direct investment …”

Nikos Lavranos The Remaining Decisive Role of Member States in Negotiating and Concluding EU Investment Agreements S. 165-168

„… , para. 379: ‘The extension of the common commercial policy to “foreign direct investment” (Article 207.1 …” „… favour of assuming that the term “foreign direct investment” only encompasses investment which serves to …” „… The Remaining Decisive Role of Member States in Negotiating and Concluding EU Investment Agreements …”

Contributors S. 11-14

„… Chapter 11 (Investment) and on the Canadian Foreign Investment Promotion and Protection Agreement (FIPA …” „… Commission Legal Service and represented the Commission, inter alia, in investment-related disputes before …” „… Commission, where he advises on a range of trade and investment issues, including the dispute settlement …”

doi.org/10.5771/9783845246130

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