LSN: Investment (Topic)最新文献

{"title":"The Impact and Application of the UNCITRAL Rules in Domestic Jurisdictions","authors":"Cali Ojimba","doi":"10.2139/ssrn.3860298","DOIUrl":"https://doi.org/10.2139/ssrn.3860298","url":null,"abstract":"Globalization is a worldwide economic phenomenon that made the world a global village and today, human relationships and business activities in the world of commerce are so intracticably related to each other that drawing a line of distinction and meeting point between the two of them becomes very difficult. Same goes with, laws and rules of international trade that govern those relationships. The United Nations General Assembly, conscious of these facts, attempts to work out a rule, laws or guidelines that would serve as a reference point to Nations in international business law practices while also guaranteeing the investor his investments in a fluid and volatile would of international commerce. This effort gave rise to the UNCITRAL RULES which amongst other things encourages the creation of flexible laws that encourage free flow of trade. This paper will attempt to dissect these laws, examine the relationship between them in dispute resolution matters with a view to streamlining any conflict that may arise in the process so as to achieve the United Nations objective on International Trade. Law and commerce.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122396269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Analysis and Assessment of China's Investment in Ghana.","authors":"Emmanuel Atobrah, Nicole Knuppel, Emmanuel NANA BARNOR","doi":"10.2139/ssrn.3887377","DOIUrl":"https://doi.org/10.2139/ssrn.3887377","url":null,"abstract":"There is now a general belief that China, as a nation, contributes to the development of the economy of many African countries including Ghana. Due to this, many African countries including Ghana have been doing all that they can to create economic-friendly environments to attract more investments from China. China has been investing in the various sectors of the economy of Ghana. Hence, this study analyzed and assessed the investment of China in Ghana. Employing the explanatory research design, major sectors of the economy of Ghana and major projects of the country financed by China in Ghana were purposively selected. Major data were collected from Ghana Investment Promotion Center (GNPC) relating to the Chinese investments on the economy of Ghana in 2017 and 2018.Analysis for the data collected was done using tables in order to explain the relationships between Chinese investments and their impacts on the development of Ghana. It was found that Chinese companies have been engaging in Greenfield investment where these companies were directly set up and financed by these Chinese. Few of these Chinese engaged in transfer of existing assets from local firms to their firms which can be termed as mergers and acquisitions. It was also found that China has been investing in Ghana as a result of market size, trade openness, infrastructures and availability of natural resources. It was further found that the main sectors of the economy of Ghana benefitting from the various investments and number of projects by China included manufacturing, general trade, export trade, service, agriculture, liaison, building and construction. It was again found that reduction in the unemployment rate, improvement in infrastructures and having access to several Chinese goods and services at cheaper prices are all positive impacts resulted from investments of China in Ghana. However, it was found that company practices and policies leading to dissatisfaction in several communities who perceived that companies set up by China are not adding enough to strengthen the economy of Ghana and the low demand for locally manufactured goods are major negative impacts resulting from investments of China in Ghana. The study concluded that that there will always be an impact (positive and negative) in terms of the various investments made by China in Ghana. It was also concluded that China will continue to be an integral part with regards to the development of the sectors of the economy of Ghana because more Chinese firms will continued to be established in Ghana. The Government of Ghana is encouraged to create the enabling economic environment and produce favorable economic indicators to attract many Chinese investors. Governments’ role in supporting the local firms should also be deepened.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115264980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The (Ir)relevance of Transnational Public Policy in Investment Treaty Arbitration","authors":"Eric De Brabandere","doi":"10.1163/22119000-12340196","DOIUrl":"https://doi.org/10.1163/22119000-12340196","url":null,"abstract":"\u0000In his article ‘Transnational Public Policy as a Vehicle to Impose Human Rights Obligations in International Investment Arbitration’, Jean-Michel Marcoux investigates whether international investment tribunals can rely on transnational public policy to impose human rights obligations on investors. While I generally side with the idea that international human rights as such are highly relevant in (some) international investment arbitrations, I argue in this article that transnational or truly international public policy as a concept is largely, and as a matter of principle, irrelevant in investment treaty arbitration. Secondly, even if one were to accept that transnational public policy has a role to play, I question the usefulness of framing various human rights issues as questions of ‘transnational public policy’.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124863597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Foreign Investment Screening Beyond the COVID-19 Challenge: Overcoming the Emergency","authors":"B. Raganelli, Federica Marconi","doi":"10.2139/ssrn.3716488","DOIUrl":"https://doi.org/10.2139/ssrn.3716488","url":null,"abstract":"The spread of COVID-19 is severely testing the economic systems of most advanced countries, posing new important challenges for the States involved. These include the decision taken by several European countries to offer support and protection to companies deemed strategic. The late 20th century was characterized by the progressive reduction of the public sphere as a result of increased privatization processes in most European countries, while the 21st century appears to be fueling a re-expansion of public interventions in the economy to support companies hit by the recent economic crises. This reversal of economic policy is also closely related to the political evolution and development of the countries’ social systems, linked to the relevance of particular economic activities for the satisfaction of specific public interests and needs. The provision of special powers for the State is back in vogue nowadays as a tool for defending the national economy and companies of national interest from potential external aggressions, regardless of the State’s share in the equity structure of such companies. However, this issue raises questions of compatibility with the European discipline: what is the rationale for multiple Foreign Direct Investments Screening policies within a European common market ruled by a single competition policy? Is this compliant with the perimeter of legitimacy identified by the European Commission? Is there room for a new European common strategy to guarantee that of Foreign Direct Investment Screening policies will be effectively tailored to the need of protecting safety and essential community interests?","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116107491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Capacity to Borrow and Sovereign Debt","authors":"Federico Lupo-Pasini","doi":"10.2139/ssrn.3772703","DOIUrl":"https://doi.org/10.2139/ssrn.3772703","url":null,"abstract":"The application of the ultra vires doctrine to international state contracts is a perennial of international law. This essay investigates the role of sovereign borrowers’ local laws in determining the validity of international sovereign debt contracts. More specifically, it analyses whether ultra vires international financial contracts that are in violation of the borrower’s Constitution, fiscal and borrowing laws, and administrative laws should be set aside. The application of the ultra vires doctrine to state contracts raises a number of challenging questions of private international law and public international law. Above all, it deals with the fundamental question of how to balance the protection of national economic sovereignty with that of international investors.<br><br>Despite decades of sovereign debt litigation in London courts, the issue rose to prominence only now in a recent multibillion-pound dispute, Law Debenture Trust v Ukraine. The dispute, which is at the core of the present analysis, saw the Ukrainian government plead its lack of capacity to borrow to invalidate the contract with Russian investors. This essay contends that the approach of English courts to the question of states’ capacity and authority to borrow is far from ideal. As they currently stand, the doctrine of capacity and authority are unable to address the peculiar legal and economic dynamics of public sector international borrowing.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"605 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116177731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Promoting African Digital Multinationals for a More Inclusive Post-pandemic Future","authors":"K. Ibeh","doi":"10.18356/ef6871e9-en","DOIUrl":"https://doi.org/10.18356/ef6871e9-en","url":null,"abstract":"This paper advances policies for promoting the intraregional and international investment prospects of African digital multinationals in the post-pandemic era. Based on the building blocks of organizational capabilities, funding access, digital infrastructure and regulation, it advocates for a more globally inclusive investment landscape in which African-born digital multinationals would no longer be a rarity. Against the backdrop of the COVID-19 crisis and its amplification of humankind’s shared and digital future, policymakers and influential stakeholders at all levels are challenged to intensify the push for a more inclusive global digital economy.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"373 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126165701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Aspects of Foreign Investment in the Retail Sectors and E-Commerce in the People’s Republic of China","authors":"Ta-kuang (T.K.) Chang","doi":"10.2139/ssrn.3674148","DOIUrl":"https://doi.org/10.2139/ssrn.3674148","url":null,"abstract":"Completely rewritten 2020 update analysis of legal investment in the retail sectors and e-commerce in the PRC, including detailed case study examination of the new 2020 Foreign Investment Law in the context of the U.S.-China trade war.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116512672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Against Balancing: Revisiting the Use/Regulation Distinction to Reform Liability and Compensation Under Investment Treaties","authors":"J. Bonnitcha, E. Aisbett","doi":"10.2139/ssrn.3637634","DOIUrl":"https://doi.org/10.2139/ssrn.3637634","url":null,"abstract":"Investment treaties generate mutual benefits for host states and foreign investors to the extent that they discipline opportunistic conduct by host states. Investment treaties do not necessarily generate mutual benefits insofar as they constrain states’ ability to respond to new information or to change their policy priorities. In a companion paper, we use the tools of law and economics to formalize and clarify the relationship between problems of opportunism on the one hand, and new information and shifts in policy priorities on the other. On this basis, we develop a proposal to reform the legal principles that govern liability and compensation under investment treaties that is narrowly targeted to solving the problem of host state opportunism.\u0000\u0000In this paper, we situate our proposal in relation to existing academic debates, explore its implications in practice and consider additional policy arguments for our proposal beyond the criterion of Pareto improvement deployed in our companion paper. In particular, we show that our proposal develops a line of scholarship which posits that a court or tribunal should distinguish government use of private property from government regulation of private property, with only the former requiring compensation. We argue that our proposal resolves many practical challenges with previous attempts to develop a workable jurisprudence based on the use/regulation distinction and show how our proposal could be operationalized in practice. We further argue that there are strong political economy and democratic arguments for preferring our proposal to the status quo.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123293390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Post-COVID-19 Investment: Ten Things to Learn about International Investment Law","authors":"Temilade Adebayo","doi":"10.2139/ssrn.3609804","DOIUrl":"https://doi.org/10.2139/ssrn.3609804","url":null,"abstract":"International Investment Law exists to guide the business relationship between States globally. Even though there is no one single document that says International Investment Law, Bilateral treaties between States exist to guide this relationship and place it within the bounds of Law. The expression of treaties and conventions relating to international investment have revealed the objectives of the Law to be to protect foreign investors, grant protection to attract foreign investment, and foster economic development. It therefore becomes imperative to explain in simple terms to private investors what international investment law entails.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125480831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Green Market-Makers: Sovereigns as Catalysts for Sustainable Development","authors":"Paul Rose","doi":"10.2139/ssrn.3471516","DOIUrl":"https://doi.org/10.2139/ssrn.3471516","url":null,"abstract":"Sovereign investors are increasingly engaged in sustainable investing in both international markets and their own domestic markets. This paper argues that sovereigns are uniquely positioned to spark sustainable investment and explains why sovereign-led development of sustainable markets will be key to achieving the UN’s Sustainable Development Goals (SDGs). Sovereigns employ four primary market-making strategies — issuing securities, investing in private markets, brokering green deals, and creating green finance regulatory structures — to both create and sustain conditions suitable for the development of green finance and to create conditions that will foster the development of investible projects. The strategies often operate independently, through different arms of the government. While this specialization allows for synergies in catalyzing investment in sustainable development, sovereigns often also fail to coordinate their activities in ways that will maximize the impact of their diverse efforts. Sovereign sustainability investment also brings risks, including corruption, politicization, and the crowding-out of private investment. This paper outlines the steps taken by sovereign investors and government regulators to mitigate these risks.","PeriodicalId":365224,"journal":{"name":"LSN: Investment (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116429449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}