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Multilateral Regulation of Investment


ISBN13: 9789041198440
ISBN: 904119844X
Published: June 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £188.00



In the wake of the failure of the OECD draft Multilateral Agreement on Investment (MAI), it has become clear that any attempt to regulate investment at the global level must pay serious attention to the position of developing countries. This collection of essays sheds light on this and other legal, political, and economic issues affecting the intense international debate on this important subject. The result of a symposium sponsored in April 1999 by the E.M. Meijers Institute of Legal Studies at Leiden University, Multilateral Regulation of Investment presents the incisive views of nine outstanding authorities, both academics and practitioners, in disciplines related to investment and development. The authors agree in seeing the objectives of the multilateral regulation of investment, both direct and portfolio, as not only reducing risk but also enhancing trust between investors and states, as host states must be sure that foreign investors will genuinely contribute to sustainable development and the well-being of their populations.

Contents:
Preface; C.J.J.M. Stolker.
1. Multilateral Regulation of Investment: Legal, Political and Economic Aspects; E.C. Nieuwenhuys, M.M.T.A. Brus.
2. A Multilateral Investment Agreement from a North-South Perspective; N.J. Schrijver.
3. Developing Countries and Multilateral Investment Negotiations; E.V.K. FitzGerald.
4. Comments on the MAI's General Principles for the Treatment of Foreign Investors and Their Investments: A Chinese Scholar's Perspective; C. Huiping.
5. A Liberal Multilateral Investment System, Transnational Enterprises, Home and Host Countries: Some Observations; E.C. Nieuwenhuys.
6. Protection Without Protectionism: Linking a Multilateral Investment Treaty and Human Rights; S. Zia-Zarifi.
7. State-to-State and Investor-to-State Dispute Settlement in the OECD Draft Multilateral Investment Agreement; P. Malanczuk.
8. How to Establish a Multilateral Framework for Investment? M.W. Sikkel.
9. Foreign Investment in the WTO; M. Koulen. Appendix: The MAI Negotiating Text (Excerpts). About the Authors. Index.