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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
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The Free Movement of Capital and Foreign Direct Investment - The Scope of Protection in EU Law (Hardcover, New)
Loot Price: R4,898
Discovery Miles 48 980
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The Free Movement of Capital and Foreign Direct Investment - The Scope of Protection in EU Law (Hardcover, New)
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The scope of protection offered to foreign investors by EU law has
become a matter of intense political debate. Neo-protectionist
policies are on the rise within EU Member States, who are
struggling to acclimatize to increasing inward direct investment
from developing countries. Strict regulations are being implemented
to control the flow of this investment, undermining the principle
of free movement of capital. Are such policies permitted under EU
law? What impact does EU law have on foreign direct investment?
This book addresses these questions through a coherent doctrinal
reconstruction of the EC Treaty provisions on free movement of
capital in a third country context.
Opening with a timely restatement of the central features of the
EU law of free movement of capital, the book then asks the central
question: What rights does a private market participant, engaged in
cross-border direct investment originating from or directed to a
non-EU Member State, enjoy by virtue of the EC Treaty? The book
argues that in principle, the provisions on free movement of
capital apply the same liberal standards irrespective of whether
intra Community or third country direct investment is involved.
Hence, those who participate in third country direct investment
enjoy essentially the same guarantees by virtue of the provisions
on free movement of capital as those active in intra Community
direct investment. Having established the legal doctrine, the book
then examines the limits on restrictions to free movement,
including financial regulation and discriminatory tax regimes.
General
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