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Do BITs Really Work?: An Evaluation of Bilateral Investment Treaties and their Grand Bargain

Jeswald W. Salacuse and Nicholas P. Sullivan

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0005
Subject:
Law, Public International Law

This chapter assesses whether BITs have achieved their objectives. The first part of the chapter examines the historical movement to form BITs. The second part explores the goals motivating BITs, ... More


The Framework of Investment Protection: The Content of BITs *

Peter Muchlinski

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0002
Subject:
Law, Public International Law

This chapter presents an overview of the most common provisions found in International Investment Agreements (IIAs), focusing on bilateral investment treaties (BITs), as they represent the most ... More


The Effect of Tax and Investment Treaties on Bilateral FDI Flows to Transition Economies *

Tom Coupé, Irina Orlova, and Alexandre Skiba

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0024
Subject:
Law, Public International Law

This chapter empirically examines the effect of bilateral investment treaties (BITs) and double taxation treaties (DTTs) on foreign direct investment. This chapter is structured as follows: firstly ... More


The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Karl P. Sauvant and Lisa E. Sachs

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.001.0001
Subject:
Law, Public International Law

In recent years, the treaties and strategies promoting global investment have changed dramatically. The widespread liberalization of economic policy has effectively spurred an increase in foreign ... More


Explaining the Popularity of Bilateral Investment Treaties *

Andrew T. Guzman

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0003
Subject:
Law, Public International Law

This chapter looks at why BITs have become the preferred method for governing the relationship between foreign investors and host governments in developing countries. It offers a novel explanation of ... More


Protecting Capital: Independent Regulators and Super Courts

Alasdair Roberts

in The Logic of Discipline: Global Capitalism and the Architecture of Government

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195374988
eISBN:
9780199776849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374988.003.0006
Subject:
Political Science, American Politics

This chapter focuses on the creation of new independent regulatory agencies and signing of thousands of bilateral investment treaties during the era of liberalization. This was another massive ... More


The FET in International Investment Agreements: A Typology of Drafting Formulations

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0002
Subject:
Law, Public International Law

This chapter presents the results of empirical research conducted on the basis of 365 bilateral investment treaties, and of the existing regional and multilateral treaties that contain a FET clause. ... More


Why Do Developing Countries Sign BITs? *

Deborah L. Swenson

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0016
Subject:
Law, Public International Law

This chapter examines the correlation between previous foreign investment and the signing of bilateral investment treaties (BITs) to explore whether there is any evidence that the signing of BITs is ... More


 The International Regulation of Multinational Corporations: Why There Is No Multilateral Foreign Direct Investment Regime

Stephen D. Cohen

in Multinational Corporations and Foreign Direct Investment: Avoiding Simplicity, Embracing Complexity

Published in print:
2007
Published Online:
May 2007
ISBN:
9780195179354
eISBN:
9780199783779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195179354.003.0012
Subject:
Economics and Finance, International

This chapter provides yet another eclectic analysis, this time of the still-irreconcilable controversy surrounding the “appropriate” kinds and extent of governmental regulation of MNCs as entities ... More


The Global BITs Regime and the Domestic Environment for Investment

Susan Rose-Ackerman

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0011
Subject:
Law, Public International Law

This chapter examines the impact of bilateral investment treaties (BITs) on foreign direct investment (FDI). It introduces the basic theoretical framework developed in Bubb and Rose-Ackerman (2007) ... More


International Investment Agreements: Investor Protections and Foreign Direct Investment *

Ana Frischtak and Richard Newfarmer

in Handbook of Trade Policy for Development

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199680405
eISBN:
9780191760266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680405.003.0024
Subject:
Economics and Finance, Macro- and Monetary Economics, Development, Growth, and Environmental

This chapter reviews the provisions in BITs and PTAs that grant foreign investors greater predictability on the policy framework regulating their investment, enumerates their purported benefits of ... More


Do BITs Really Work? Revisiting the Empirical Link Between Investment Treaties and Foreign Direct Investment *

Jason Yackee

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0014
Subject:
Law, Public International Law

Eric Neumayer and Laura Spess (2005) recently published in the journal World Development the first peer-reviewed, methodologically sophisticated econometric analysis of the effects that bilateral ... More


Rational Design or Accidental Evolution? The Emergence of International Investment Law

Joost Pauwelyn

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0002
Subject:
Law, Company and Commercial Law, Public International Law

This chapter discusses the emergence of modern international investment law (IIL). It identifies three unique features: its decentralized composition; organic emergence; and the fact that it is ... More


International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Christina Binder, Ursula Kriebaum, August Reinisch, and Stephan Wittich (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.001.0001
Subject:
Law, Public International Law, Private International Law

International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in ... More


Bilateral Trade And Investment Agreements*

Leon E. Trakman

in Regionalism in International Investment Law

Published in print:
2013
Published Online:
May 2014
ISBN:
9780195389005
eISBN:
9780199332434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389005.003.0004
Subject:
Law, Public International Law

This chapter discusses the development and significance of regional and bilateral investment agreements. The first two sections evaluate the reasoning behind the liberalization of trade and ... More


EU Law Effects of EU Foreign Investment Law

Angelos Dimopoulos

in EU Foreign Investment Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698608
eISBN:
9780191732140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698608.003.0007
Subject:
Law, EU Law, Competition Law

Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation ... More


ICSID from 1989 to 1999

Antonio R. Parra

in The History of ICSID

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199660568
eISBN:
9780191743382
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660568.003.0009
Subject:
Law, Public International Law, Legal History

This chapter deals with the last year of the 1980s and all of the subsequent decade. Though mostly placid for ICSID, the period was one of momentous change elsewhere in the World Bank Group and, of ... More


The FCN Treaties Become Investment Treaties

Kenneth J. Vandevelde

in The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190679576
eISBN:
9780190679606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190679576.003.0006
Subject:
Law, Public International Law, Legal History

Wanting to sound a memorable theme in his 1949 inaugural address, President Truman adopted as “Point Four” of his address a proposal from a mid-level State Department official that the United States ... More


BIT BY BIT: THE SILENT LIBERALIZATION OF THE CAPITAL ACCOUNT

Michael Waibel

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0026
Subject:
Law, Public International Law, Private International Law

This chapter explores the relationship between free transfer clauses and exchange restrictions. The transfer of funds provision is a common feature of bilateral investment treaties (BITs). The free ... More


INVESTMENT RULES IN REGIONAL INTEGRATION AGREEMENTS IN LATIN AMERICA: THE CASE OF THE ANDEAN PACT/ANDEAN COMMUNITY

Waldemar Hummer

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0030
Subject:
Law, Public International Law, Private International Law

This chapter focuses on the approach of the Andean States to the treatment of foreign investment capital, which underwent a fundamental change in the course of time. A common regime for the treatment ... More


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