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The First Bilateral Investment Treaties

Author: Kenneth J. Vandevelde
Publisher: Oxford University Press
ISBN: 0190679573
Size: 68.87 MB
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The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.

The International Law On Foreign Investment

Author: M. Sornarajah
Publisher: Cambridge University Press
ISBN: 9780521545563
Size: 33.35 MB
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This book surveys the Public International Law developed to protect foreign investment made by multinational corporations. It assesses the role of multinational corporations in making foreign investments, and considers ways in which misconduct on the part of such corporations in host states could be controlled. Focusing on the protection of foreign investment and its associated problems, Sornarajah explores treaty-based methods, and examines several bilateral and regional investment treaties. He takes account not only of the law, but also of the relevant literature in economics, political science and other associated disciplines.

Bilateral Investment Treaties

Author: Centre on Transnational Corporations (United Nations)
Publisher: Springer
ISBN:
Size: 76.47 MB
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The increasing internationalization of the world's capital markets, evident in the past decade, has generated pressing economic, social & legal issues. Study & reform of these markets have become necessary in view of their changing nature & the growth of the transactions being conducted on them, as is recognised by market professionals, investors & regulators. Law may provide a framework in which market forces can operate, & parameters of fair behaviour. This new Yearbook offers a forum for debate & comment on such developments under the auspices of the recently formed Capital Markets Forum of the IBA's Section on Business Law (established as a private sector initiative). The Yearbook comprises Articles & Commentary on significant developments (for example, Volume 1 contains articles on 'What is an exchange?', 'The efficient market hypothesis', 'National treatment, harmonization & mutual recognition'), a Year-in-Review section, special reports on seminars & other events of note, a Literature section containing a bibliography & book reviews. Source materials are included when appropriate, & the subject index makes the Yearbook a very accessible source of information.

International Law Reports

Author: E. Lauterpacht
Publisher: Cambridge University Press
ISBN: 9780521496483
Size: 77.27 MB
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International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.

Documents

Author: United Nations. Economic and Social Council
Publisher:
ISBN:
Size: 32.24 MB
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American Multinationals And Japan

Author: Mark Mason
Publisher: Harvard Univ Asia Center
ISBN: 9780674026308
Size: 29.68 MB
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This pioneering study of United States direct investment in Japan will interest academic specialists, business managers, and government policymakers in America, Japan, and elsewhere. Drawing on rich historical materials from both sides of the Pacific, including corporate records and government documents never before made public, Mason examines the development of both Japanese policy towards foreign investment and the strategic responses of American corporations. This history is related in part through original case studies of Coca-Cola, Dow Chemical, Ford, General Motors, International Business Machines, Motorola, Otis Elevator, Texas Instruments, Western Electric, and Victor Talking Machine. The book seeks to explain why s little foreign direct investment has entered modern Japan. In contrast to the widely held view that emphasizes an alleged lack of effort on the part of foreign corporations, this study finds that Japanese restrictions merit greater attention. Many analysts of the modern Japanese political economy identify the Japanese government as the key actor in initiating such restrictions. Mason finds that the influence of Japanese business has often proved more potent than these analysts suggest. This book offers fresh insights into both the operation of the modern Japanese political economy and of its relations with the world economy.