Protection of foreign investment in the Asia-Pacific Economic Co-operation region

Article Abstract:

A purely contractual approach to foreign investment, in which the investor is not liable for the public law of the nation invested in, but only the terms of the contract, has become a thing of the past in most Asian nations. Contracts are still important, but are more likely to be within the law of the host nation. Unfortunately, this common law often affords investors too many diplomatic and guaranteed rights, a result of past reliance on Western approaches to law. Foreign investment in Asia-Pacific Economic Co-operation nations and possible future changes to investment law are discussed.

Analysis, Asia, Asia-Pacific Economic Cooperation, International economic integration, Economic integration, international

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US policy debate towards inward investment

Article Abstract:

Policy towards foreign investment in the US, particularly acquisitions, has operated in cycles since the 1970s. Congressional concern has caused the implementation of measures to monitor or restrict investment which has been interpreted narrowly by the administration. This occurred in 1975 with the Committee on Foreign Investment and in 1988 with the Exon-Florio amendment to the Omnibus Trade and Competitiveness Act. Without the cooperation of the Executive branch, notably the Treasury and State Departments, attempts to legislate controls on foreign investment are likely be frustrated.

Economic policy, United States. Congress

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International investment under the 1994 Energy Charter Treaty: legal, negotiating and policy implications for international investors within Western and Commonwealth of Independent States/Eastern European countries

Article Abstract:

The European Energy Charter Treaty of 1994 establishes specific rules governing the relationship between European states and foreign investors while also allowing for sanctions against the states. This is the first treaty that requires rather than suggests how the relationship between states and investors is maintained and supports the rules through giving investors the right to sue. However, the treaty needs to be revised to avoid confusion and increase user friendliness.

Europe, Commercial treaties, Trade agreements, Europe, Eastern

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