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Foreign Direct Investment and Human Development: Improving International Investment Law (eBook)

Edited by: Olivier De Schutter, Johan F. Swinnen, Jan Wouters

ISBN13: 9781135128067
Published: November 2012
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £26.66 + £5.33 VAT
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The effect on developing countries of the arrival of foreign direct investment (FDI) has been a subject of controversy for decades in the development community. The debate over the relationship between FDI in developing countries and the progress of these countries towards human development is an ongoing and often heated one. Adopting an interdisciplinary perspective combining insights from international investment law, human rights law and economics, this book offers an original contribution to the debate. It explores how improvements to the legal framework of FDI and to the way investment agreements are negotiated can maximize the contribution of FDI to human development. Through the use of original empirical data the book demonstrates the impact of bilateral and multilateral investment treaties on the flows of FDI, and the impacts of FDI on economic growth and on human development.

It evaluates how the legal framework both in capital-exporting countries and in capital-receiving countries could increase the benefits association with, and limit the risks involved in, the arrival of FDI in developing countries, especially countries with relatively weak governance. It goes on to set out recommendations for improving the regulation of FDI through better monitoring of international investment agreements, ensuring the accountability of agencies facilitating investment and enhancing the framework of negotiations. In this way the book offers clear guidance as to how to successfully reconcile FDI and human development. This book will be of interest to international lawyers specializing in law and development and in international investment law, as well as to development economists and policy-makers.

Subjects:
eBooks, International Investment Law
Contents:
1. Introduction : liberalization of investment and human development, Olivier De Schutter, Johan F. Swinnen and Jan Wouters
Part 1: The development of international investment law: a historical overview
2. The emerging customary law of international investment law, Jan Wouters, Nicolas Hachez and Sanderijn Duquet
Part 2: Economic consequences of Foreign Direct Investment
3. Foreign direct investment as an engine for economic growth and human development: A review of the arguments and empirical evidence, Liesbeth Colen, Miet Maertens and Johan F. Swinnen
4. Do bilateral investment treaties attract FDI to developing countries?, Liesbeth Colen, Miet Maertens and Johan F. Swinnen
5. FDI and International investment treaties. An analysis of the heterogeneous effects of BITs and DTTs, Liesbeth Colen and Andrea Guariso
Part 3: Rethinking the current legal framework: a multi-level analysis
6. The host State : Improving the monitoring of IIAs at the national level, Olivier De Schutter
7. The capital-exporting State : Ensuring accountability of national export credit agencies, Matthias Sant'Ana
8. The negotiation framework : Improving the framework of negotiations on international investment agreements, Philip De Man and Jan Wouters
9. The Role of Development Banks : The European Investment Bank's substantive and procedural accountability principles with regard to human rights, social and environmental concerns, Nicolas Hachez and Jan Wouters
Part 4: Directing foreign investment towards human development
10. Conclusion: reconciling FDI and human development, Olivier De Schutter, Johan F. Swinnen and Jan Wouters