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The paper examines diaspora investments in China and India, compared to investments made by Western MNCs, to demonstrate the unique policy role of ethnic investors. In China, ethnic capital (EDI) holds a significant share of incoming FDI, a phenomenon having been noted insufficiently. When EDI is noted, it has been treated as a product of Beijing's pro-FDI policy, rather than the cause of the liberalization. I argue in this paper that EDI has in fact driven the process of pro-FDI policy making in the PRC by demonstrating the superiority of openness and incorporating domestic interest groups in support of FDI. In India, the amount of EDI has been smaller than FDI; total FDI has been much smaller than China also. Conventional wisdom has treated diapora Indians as unimportant in India's economic liberalization since the 1990s. Again, I contend in this article that EDI has also been important for India's FDI liberalization, more quietly than diaspora Chinese in the PRC, to be sure. India's FDI liberalization has generally been more limited than China, with the exception of software, and in this industry, EDI's role was salient.
Individual foreign investment in residential real estate by new middle-class and super-rich investors is re-emerging as a key issue in academic, policy and public debates around the world. At its most abstract, global real estate is increasingly thought of as a liquid asset class that is targeted by foreign individual investors who are seeking to diversify their investment portfolios. But foreign investors are also motivated by intergenerational familial security, transnational migration strategies and short-term educational plans, which are all closely entwined with global real estate investment. Government and local public responses to the latest manifestation of global real estate investment have taken different forms. These range from pro-foreign investment, primarily justified on geopolitical and macro-economic grounds, to anti-foreign investment for reasons such as mitigating public dissent and protecting the local housing market. Within this changing geopolitical context, this book offers a diverse range of case studies from Canada, Hong Kong, Singapore, Russia, Australia and Korea. It will be of interest to academics, policymakers and university students who are interested in the globalisation of local real estate. The chapters in this book were originally published in the International Journal of Housing Policy.
"Javorcik, Saggi, and Spatareanu use a firm-level panel data set from Romania to examine whether the nationality of foreign investors affects the degree of vertical spillovers from foreign direct investment. Investors' country of origin may matter for spillovers to domestic producers in upstream sectors (supplying intermediate inputs) in two ways. First, the share of intermediate inputs sourced by multinationals from a host country is likely to increase with the distance between the host and the source economy. Second, the sourcing pattern is likely to be affected by preferential trade agreements that cover some but not other source economies. In this case, the Association Agreement signed between Romania and the European Union (EU) implies that inputs sourced from the EU are subject to a lower tariff than inputs sourced from America or Asia. Moreover, while for European investors intermediate inputs sourced from home country suppliers comply with the rules of origin and thus can be exported to the EU on preferential terms, this would not be the case for home country suppliers of American or Asian multinationals. Therefore, one would expect that American and Asian investors source more from Romania than EU investors and thus present greater potential for vertical spillovers. The empirical analysis produces evidence in support of the authors' hypothesis. They find a positive association between the presence of.
This Review assesses Ukraine’s investment climate vis-à-vis the country’s energy sector reforms and discusses challenges and opportunities in this context. Capitalising on the OECD Policy Framework for Investment and other relevant instruments and guidance, the Review takes a broad approach to investment climate challenges facing Ukraine’s energy sector.
Foreign direct investment (FDI) has become the prime engine to foster growth and to facilitate the restructuring and internationalization of formerly sheltered areas during the 1980s. This book deals with future prospects for FDI and provides answers to some critical questions at the beginning of the 1990s: Will the unprecedented high rate of growth of FDI in the 1980s continue for the rest of the twentieth century and beyond? If so, which will be the major recipient countries, source countries and sectors involved in these transactions? The general approach of each chapter is to review the factors that prompted the expansion of FDI during the 1980s. Their value as driving forces in the future is then assessed together with some new factors. The book contains nine chapters. The first four deal with general issues such as: Will the restrictions on capital flows be reimposed? What are the prospects for the world economy? Which ingredients will shape the global competition for investment? What are the likely patterns of FDI to emerge in the next decade? The remaining five chapters are devoted to special issues such as: How will increased instability in the financial system influence trade and FDI? What role in future FDI will merger and acquisition (M&A) activities play? What influence will the emerging market economies have on the global distribution of FDI? Will the Japanese continue to be the major foreign direct investors in the future? Will FDI from small and medium-sized firms gain momentum as they become more exposed to international competition and as their customers get increasingly involved in FDI?
Countries create different type of incentives for foreign firms, such as; direct incentives/subsidies, tax relief, soft loans and preferred handling. This volume aims to analyze the impact of European Union on inward foreign direct investment in Europe and to discuss what type of effects are being created by this race for FDI.
International Arbitration Law Library, Volume 63 [IALL-63] Many corporations engage in treaty shopping – or ‘nationality planning’ – to procure investment treaty protection by attainment of a nationality of convenience. This book is the first in-depth exploration of a substantive legal basis by which to assess the bona fides of a corporate investor’s identity in a convenient jurisdiction: i.e., examination of the purpose for which a corporate exists in the ownership structure of the relevant investment. In a comprehensive review of the concept of treaty shopping, the author examines the degree to which manipulation of corporate nationality is consistent with the objects and purposes of the investment treaty regime, and analyses its effect on the legitimacy of investor-state dispute mechanisms. To evaluate a substantive test for a bona fide investor, the book looks to analogous areas of international law such as the law of diplomatic protection and double tax treaties, and reviews in detail the relevance in investment treaty law of such pertinent issues and topics as the following: the concept of separate legal personality; abuse of the corporate form at municipal law; the role of Article 25 of the ICSID Convention; the approach to the nationality of natural persons; the approach to the jurisdictional concept of an ‘investment’; criteria used to connote corporate nationality; the concept of the commercial purpose of the corporate investor claimant; the concept and limits of the principle of abuse of right at international law; and the application of, and the relationship between, the four tenets of Article 31(1) of the Vienna Convention: ordinary meaning, good faith, context, and object and purpose. The effectiveness of substantive criteria presently used to mitigate illegitimate or undesirable treaty shopping are examined and compared with the ‘purpose to exist’ test, and the prospective legal mechanisms that may be utilised to implement a substantive approach are canvassed in detail. This incomparable book brings coherence – and indeed a solution – to the debate about the attribution and use of nationality by corporations in the field of investment treaty law. It is a giant step towards legal certainty as to the need for, and the means by which, limits can be placed on investment treaty jurisdiction for corporate entities. It will be of immense interest to practitioners who advise on jurisdictional issues for clients (whether states or investors) and debate jurisdictional concepts and corporate nationality issues before international tribunals. It will also be a useful resource, and a challenge, to arbitrators regarding the extent to which investment treaty tribunals tolerate manipulation of corporate nationality and circumscribe jurisdiction to protect the legitimacy of the investment treaty system.
Drawing on good practices from OECD and non-OECD countries, the Framework proposes a set of questions for governments to consider in ten policy fields as critically important for the quality of a country’s environment for investment.
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).