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Vol 23 No 7 July/August 2018

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Foreign Direct Investment Risks and Export Credit Agencies: A Practitioner's Guide


ISBN13: 9780854902583
To be Published: August 2018
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



Every state, in order to promote foreign investment, and to stimulate its economy, offers loans and insurance against certain risks to investors willing to invest abroad. For that purpose, Export Credit Agencies (ECAs) were created. Their purpose is to facilitate foreign investments and to cover and insure against certain political and financial risks that foreign investors may encounter in the host state.

Since political instability and the fear of expropriation in some developing states pose grave risks to foreign investors, together with the behaviour of the financial markets of some states, the need to insure against such risks is something to be considered in order to encourage investments in these regions. ECAs have also been established to assist foreign investors conducting their business in a given market through granting them loans, guarantees and insurance against certain risks encountered by them. These loans to foreign investors are granted in order to ease their entry into foreign markets so that the recipient market can benefit from the foreign investors’ expertise and technology.

This new book examines Export Credit Agencies in some detail. It concludes that even with the existence of various safeguard mechanisms, such measures are not enough to eliminate the risks faced by investors, rather these are risk-reduction mechanisms and the success of such reduction depends upon a particular investor’s due diligence and proper analysis of the foreign market and in knowing the protection limits present in laws and regulations and in international agreements.

Subjects:
Other Jurisdictions , Banking and Finance, Wildy, Simmonds and Hill
Contents:
Acknowledgment;
List of Abbreviations;
Table of Cases
List of Notable Investment Related Protection;
CHAPTER ONE: INTRODUCTION
CHAPTER TWO: FDI, CONDITIONS OF ENTRY AND RISKS ENCOUNTERED;
2.1. Definition of Investments and Foreign Direct Investment and its Components;
2.2. The Relationship Between National and International Legal Regimes and FDI
2.3. Entry Requirements into Foreign Markets for FDIs;
2.4. Types of FDI Related Risks
2.4.1. Political Risk;
2.4.2. Commercial Risk;
2.4.3. Financial Risk;
2.5. The Disputed Borderline Between FDI Related Risks;
2.5.1. The Borderline Between Political and Financial Risks (Political Financial Risk)
2.5.2. The Borderline Between Political and Commercial Risks (Political Commercial Risk)
2.5.3 The Borderline Between Commercial and Financial Risks;
2.6. Conclusion
CHAPTER THREE: RISK MINIMIZATION THROUGH HOME AND HOST STATES’ COORDINATION;
3.1. International Effort Directed at Protecting FDI
3.2. The Role of BITs and Other IIAs in the Protection of Foreign Investment;
3.3 The Role of International Organizations in the Management of Political Risks Associated with Foreign Investment
3.4. The Roles of Home and Host States;
3.5. Conclusion;
CHAPTER FOUR: ECAS AND OTHER FDI PROTECTION SCHEMES
4.1. Commercial Insurance and its Role in the Protection Against Various Investment-Related Risks;
4.2. Export Credit Agencies, Their Services, Ownership Structure and Governance;
4.2.1. History of Export Credit Agencies;
4.2.2. Services Offered by ECAs;
4.2.3. Public/Private Structure of ECAs;
4.2.4. Corporate Governance and ECAs.;
4.3. Services Offered By MIGA, World Bank, Insurance Companies and Development Finance Institutions
4.4. Conclusion;
CHAPTER FIVE: EFFECTIVENESS OF THE ROLE PLAYED BY EACS IN PROMOTING FDI AND TRADE;
5.1. Ability in Reducing Investment and Trade Risks;
5.2. Ability to Promote and Facilitate FDI and Trade
5.3. Conclusion;
CHAPTER SIX: CONCLUSION;
APPENDIX I;
APPENDIX II;
APPENDIX III;
APPENDIX IV;
APPENDIX V
BIBLIOGRAPHY;