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Legal Systems as a Determinant of Foreign Direct Investment - Lessons from Sri Lanka (Hardcover)
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Legal Systems as a Determinant of Foreign Direct Investment - Lessons from Sri Lanka (Hardcover)
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This title poses a challenge to the consensus on the best way to
reform legal systems in order to attract and support foreign direct
investment (FDI) in developing countries. Using detailed examples
from Sri Lanka, it shows that the "ideal paradigm" approach to
legal reform espoused by multilateral development organizations and
bilateral aid donors is not only fundamentally flawed, but
misconceived for reasons that we may not fully understand. The
author recommends a shift in emphasis from the "global" legal
reform agenda to a country-specific approach, based on a rigorous
formulation of the common ground where the expectations of
investors and the countries in question meet. The crux of this
"ideal paradigm" approach resides in the generally accepted belief
that a Western-style market-oriented, rule-bound legal system is
the sine qua non of successfully attracting and supporting FDI.
However, through a wide-ranging survey of Sri Lankan and foreign
business people, lawyers, non-legal advisers, NGO workers,
diplomats, development workers, and government officials, Perry
shows that this is far from the case. Investors are generally
insensitive to the nature of the host state legal system when
making the decision to invest, and their perceptions and
expectations of the host state legal system may be significantly
affected by such factors as their nationality, export orientation
and size. Perry suggests that the conclusions drawn from this
detailed analysis from Sri Lanka, applied on a global scale, have
the potential to greatly improve the quality of many developing
countries' participation in the world economy. The positive and
forward-looking thesis of this book will be of great value to
policymakers in international organisations and donor government
agencies, to law firms handling international business
transactions, and to academics in development and other areas of
international finance, as well as to investors everywhere.
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