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Is the Policy Framework for Investment developed by the OECD a possible alternative for the adoption of a multilateral instrument? (Paperback)
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Is the Policy Framework for Investment developed by the OECD a possible alternative for the adoption of a multilateral instrument? (Paperback)
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Seminar paper from the year 2012 in the subject Law - Civil /
Private / Trade / Anti Trust Law / Business Law, grade: 1,3,
University of Groningen, language: English, abstract: When
examining the development of foreign direct investment and the
effects of multinational corporations over the last decades, one
has to come to the conclusion that the importance increased and
grew significantly. Until the 1970s most of the countries were
opposed to foreign direct investment due to a fear of losing
economic and political independence by allowing foreign control
over their economic resources and their key industries. Since the
1990s, there has been a positive turn towards foreign direct
investment and its liberalization, because it is predominantly seen
as requirement for economic growth, productivity increase, creation
of export potential and technology transfer. As a result, the
amount of foreign direct investment expanded faster than the world
economy and the volume of international trade resulting in a need
to control the investment flows and to regulate the area.1 By
virtue of the rather sensitive topic of foreign direct investments,
it was impossible in the past for the international community to
agree upon an uniform and harmonized international regime setting
out the standards for international investments. Hence, a multitude
of national and international policy rules and principles govern
the relevant aspects in this field resulting in a variety of
international investment agreements. As an example, more than 2670
bilateral investment treaties and more than 270 other international
investment agreements have been adopted globally until the end of
2008.2 Nevertheless, the plurality of the different international
investment agreements with their different scopes, different types,
different signatories have led to a patchwork of treaties resulting
in a highly fragmented and incoherent international investment
regime. As a result of this and the problems accompanying i
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