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E-grāmata: Foreign Direct Investment and International Law: Liberalization and Economic Sovereignty [Taylor & Francis e-book]

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"This book examines the regulatory framework for foreign direct investments, most notably the bilateral investment treaties which provide several guarantees that minimise the exposure of risks to foreign investors in a host State. Most States have recognised that one of the ways they can improve their economic growth is by providing effective mechanisms for the attraction of foreign investments. In this regard, foreign direct investments have become a key element in the strategic vision for advancing anynational economy. The book examines guarantees which have the capacity to impinge on the economic sovereignty of a State raising questions such as: are host States obliged to comply with the rights of foreign investors to free capital repatriation in theface of economic difficulties? What power does a host State have to regulate and impose capital controls that are deleterious to the rights of a foreign investor? This book argues that policies aimed at increasing foreign direct investment need to extendbeyond investment liberalisation, to strike a balance between the regulatory rights of a State and the legitimate expectations of foreign investors. Advancing the discussion on the necessity of balancing the needs of foreign investors with those of the host community, and exploring the power asymmetry present in treaty negotiations, this book will be of interest to students, academics, and practitioners with an interest in international investment law"-- Provided by publisher.

This book examines the regulatory framework for foreign direct investments, most notably the bilateral investment treaties which provide several guarantees that minimise the exposure of risks to foreign investors in a host State.

Most States have recognised that one of the ways they can improve their economic growth is by providing effective mechanisms for the attraction of foreign investments. In this regard, foreign direct investments have become a key element in the strategic vision for advancing any national economy. The book examines guarantees which have the capacity to impinge on the economic sovereignty of a State raising questions such as: are host States obliged to comply with the rights of foreign investors to free capital repatriation in the face of economic difficulties? What power does a host State have to regulate and impose capital controls that are deleterious to the rights of a foreign investor? This book argues that policies aimed at increasing foreign direct investment need to extend beyond investment liberalisation, to strike a balance between the regulatory rights of a State and the legitimate expectations of foreign investors.

Advancing the discussion on the necessity of balancing the needs of foreign investors with those of the host community, and exploring the power asymmetry present in treaty negotiations, this book will be of interest to students, academics, and practitioners with an interest in international investment law.



This book examines the regulatory framework for foreign direct investments, most notably the bilateral investment treaties which provide several guarantees that minimise the exposure of risks to foreign investors in a host State. It will be of interest to students, academics, and practitioners in the field of international investment law.

1. Introduction

2. Economic Liberalisation through the Channels of a BIT Framework

3. Theoritcal Underpinnings of Capital Control and the Right to Transfer
Funds

4. The Right to Repatriation of Capital: A Trammel of State Sovereignty?

5. Sovereignty vs. Globalisation: The Contemporary Investment Treaty
Landscape

6. Balancing Competing Interests in Treaty Rights' Application and
Interpretation

7. Conclusion
Adaeze Agatha Aniodoh is a Lecturer in Law at the University of Leicester. She holds a PhD in Law from the University of Manchester, an LLM from the University of Sussex, and an LLB from the University of Benin, Nigeria. She also obtained a Postgraduate Certificate in Higher Education from the University of Manchester. Adaeze is called to the Nigerian Bar and has consulted for numerous organisations. She has also taught at various institutions, including the University of Manchester, Aston University in the UK, and the University of Bedfordshire.