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El. knyga: Regulation of Foreign Investment: Challenges to International Harmonization [World Scientific e-book]

Edited by (Inst Of Economic Studies, Charles Univ, Prague), Edited by (Columbia Univ, Usa)
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The main aim of this book is to assess the importance of international rules for foreign direct investment and the major challenges to international harmonization of those rules. Particular attention is paid to the most controversial and contentious issues with the view of appraising the prospects for establishing global rules. The book is divided into three parts; the first part includes papers assessing the role of national and international legislation with further distinction being made between bilateral, regional and multilateral legal frameworks. The second part addresses regulatory issues of technology transfer, labor, environment, subsidies and investment incentives, national security, public services and sovereign wealth funds. The final part looks at the experience of some international fora in addressing these issues and at some theoretical and conceptual problems of rule harmonization. The papers have been written by legal and economic scholars from leading universities.
Acknowledgements v
List of Contributors
ix
Introduction 1(12)
Zdenek Drabek
Petros C Mavroidis
1 Regulation of Investment in the Trade Regime: From ITO to WTO
13(44)
Petros C Mavroidis
2 Domestic, Regional and Multilateral Investment Liberalization
57(42)
Jorge A Huerta Goldman
3 Mode 3 of the GATS: A Model for Disciplining Measures Affecting Investment Flows?
99(54)
Bart De Meester
Dominic Coppens
4 Labor Standards and Human Rights: Implications for International Trade and Investment
153(44)
Drusilla K Brown
Alan V Deardorff
Robert M Stern
5 Interactions Between Subsidies Regulation and Foreign Investment, and the Primacy of the International Trade Regime
197(34)
Tomer Broude
6 Environmental Protection
231(46)
Daniel M Firger
Michael B Gerrard
7 Technology Transfer: Regulatory Issues and International Investment Agreements
277(30)
Keith E Maskus
8 Sovereign Wealth Funds and Political Risk: New Challenges in the Regulation of Foreign Investment
307(34)
Victoria Barbary
Bernardo Bortolotti
9 International Tribunals as Agents of Harmonization
341(30)
Moshe Hirsch
10 Foreign Acquisitions and National Security: What Are Genuine Threats? What Are Implausible Worries?
371(24)
Theodore H Moran
11 Public Services, Investment Liberalization and Protection
395(22)
Federico Ortino
12 The EU Approach to Investment
417(36)
Americo Beviglia Zampetti
Colin Brown
13 Harmonization of Rules on Foreign Investment
453(32)
Zdenek Drabek
Index 485