Foreign Direct Investment and Human Development: The Law and by Olivier De Schutter, Johan Swinnen, Jan Wouters

By Olivier De Schutter, Johan Swinnen, Jan Wouters

This publication offers unique learn that examines the expansion of overseas funding agreements as a way to draw international direct funding (FDI) and considers how this impacts the power of capital-importing international locations to pursue their improvement targets. The desire of nations signing such treaties is that overseas capital will speed up transfers of applied sciences, create employment, and profit the neighborhood economic system via quite a few forms of linkages. yet do overseas funding agreements in reality achieve attracting international direct funding? And if this is the case, are the sovereignty bills concerned worthy paying? specifically, are those expenditures such that they possibility undermining the very goal of attracting traders, that's to advertise human improvement within the host nation? This ebook makes use of either financial and felony research to respond to those questions that experience turn into principal to discussions at the influence of financial globalization on human rights and human improvement. It explains the hazards of constructing nations being tempted to 'signal' their willingness to draw traders via delivering far-reaching protections to traders' rights that might annul, or no less than heavily lessen, the advantages they've got a correct to anticipate from the arriving of FDI. It examines various instruments that may be used, by means of capital-exporting international locations and through capital-importing nations alike, to make sure that FDI works for improvement, and that overseas funding agreements give a contribution to that end.

This uniquely interdisciplinary research, positioned on the intersection of improvement economics, foreign funding legislations, and overseas human rights is written in an obtainable language, and may allure the eye of someone who cares concerning the function of non-public funding in aiding the efforts of terrible international locations to climb up the improvement ladder.

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Gann, ‘Compensation Standard for Expropriation’, Colum. J. Transnat’l L. 23, 1984– 1985, 615. 31 S. M. Schwebel, ‘The Influence of Bilateral Investment Treaties on Customary International Law’, Am. Soc’y Int’l L. Proc. 98, 2004, 28. g. the preambles of UNGA, ‘Effective mobilization of women in development, 21 December 1976, Resolution No. 31/175; UNGA, ‘Economic co-operation among developing countries’, 19 December 1977, Resolution No. 36 In what follows, we focus on the first kind of agreements, which directly and solely concern FDI.

30 The dissimilarity in visions resulting from decolonization and the emergence of the socialist bloc precluded the conclusion of global investment standards. 31 Their impact on international investment law is marginal and, despite repeated references to the 1974 Declarations in the General Assembly,32 they never 25 UNGA, ‘Charter on the Economic Rights and Duties of States’, 12 December 1974, Resolution No. 3281 (XXIX), Art. 2, para. 2, (a) and (c). Emphasis added. M. Ryan, ‘Discerning the Compliance Calculus: Why States Comply with International Investment Law’, Ga.

5 (19 December 2011). Introduction: FDI and human development 21 multilateral level (building, ideally, on the General Agreement on Trade in Services (GATS), part of the World Trade Organization agreements) should focus more modestly on technical issues that support, rather than compete with, ongoing bilateral processes. These include improving the transparency of the domestic regulatory framework for investment in order to ensure that, provided adequate macro-economic conditions are present, investors will be encouraged to enter the country; building the capacity of developing country regulators and negotiators; and providing technical assistance in order to ‘improve the general economic infrastructure of host countries as a durable means of ensuring that FDI flows take root in poor countries’.

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