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The Legal Protection of Foreign Investment: A Comparative Study

Edited by: Wenhua Shan

ISBN13: 9781841138848
Published: June 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £170.00

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The law of foreign investment is at a crossroads. In the wake of an unprecedented global financial crisis and a sharp surge of investment arbitration cases states around the world are reflecting on the pros and cons of the current liberal investment regime and exploring new ways ahead.

This book brings together leading investment lawyers from more than 20 main jurisdictions of the world to tackle the challenge of producing a first comparative study of foreign investment law. Based on the General and National Reports presented at the "Protection of Foreign Investment" Session at the 18th International Congress of the International Academy of Comparative Law (Washington DC, July 2010), the book is a unique resource for investment lawyers.

Part I of the book presents an overview of key aspects of foreign investment protection in the world today, including admission, investment contracts, treatment standards, tax regime and incentives, performance requirement, property and expropriation, monetary transfer and dispute settlement.

Part II presents in-depth and detailed accounts of the investment laws of more than 20 jurisdictions, including Argentina, Australia, Canada, China, Croatia, Czech Republic, Ethiopia, France, Germany, Greece, Italy, Japan, South Korea, Macau, Peru, Portugal, Russia, Singapore, Slovenia, Turkey, UK and USA.

The book will be an invaluable guide to legal and business communities with an interest in the law and practice of foreign investment in the world in general and in these jurisdictions in particular.

Comparative Law, International Investment Law
General Reporter: Wenhua Shan Introduction
1. Legal Framework Governing Foreign Investment
2. General Standards of Treatment
3. Admission and Entry Requirements
4. Investment Contracts
5. Performance Requirements
6. Tax Regime and Incentives
7. Property Rights, Expropriation and Compensation
8. Monetary Transfer
9. Dispute Settlement
10. FDI Statistics, Policies and Authorities
11. Trends in Foreign Investment Laws
12. General Conclusions

13. Argentina National Reporters: Osvaldo J Marzorati and Rafael M Manovil
14. Australia National Reporter: Alice de Jonge
15. Canada National Reporter: J Anthony VanDuzer
16. China National Reporter: CAI Congyan
17. Croatia National Reporters: Sinisa Petrovic & Petar Ceronja
18. Czech Republic National Reporter: Pavel Sturma & Vladimir Balas
19. Ethiopia National Reporter: Zeray Yihdego
20. France National Reporter: Nicolas Rontchevsky
21. Germany National Reporter: Ralph Alexander Lorz
22. Greece National Reporter: Nikolaos Davrados
23. Italy National Reporter: Roberto Pardolesi & Massimiliano Granieri
24. Japan National Reporter: Shotaro Hamamoto
25. Korea National Reporter: Deok-Young Park
26. Macau Jurisdictional Reporter: Gui Conde e Silva
27. Peru National Reporter: Ricardo Guevara Bringas
28. Portugal National Reporter: Armindo Saraiva Matias
29. Russia National Reporters: Natalia Doronina & Natalia Semilutina
30. Singapore National Reporter: Jean Ho
31. Slovenia National Reporters: Vasilka Sancin, Mojca Neudauer and Tevz Kastelic
32. Turkey National Reporters: Ergun Ozsunay & Murat Ozsunay
33. UK National Reporter: James Harrison
34. US National Reporter: Fred L Morrison