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The three laws of international investment : national, contractual, and international frameworks for foreign capital / Jeswald W. Salacuse.
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Title:The three laws of international investment : national, contractual, and international frameworks for foreign capital / Jeswald W. Salacuse.
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Author/Creator:Salacuse, Jeswald W.
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Published/Created:Oxford, United Kingdom : Oxford University Press, 2013.
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Holdings
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K3830 .S225 2013
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Investments, Foreign--Law and legislation.
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Edition:First edition.
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Description:xxvi, 440 pages ; 26 cm
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Notes:Includes bibliographical references and index.
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ISBN:9780199654567 (cloth)
0199654565 (cloth)
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Contents:Machine generated contents note: pt. I INTERNATIONAL INVESTMENT AND THE LAW
1. Nature and Significance of International Investment
1.1. Meaning of Investment
1.2. Forms of Investment
1.3. Nature of International Investors
1.4. Investors and the Role of Return and Risk
1.5. Nature of International Investment
1.6. Forms of International Investment
1.7. State and Investor Interests Shaping the Laws of International Investment
1.8. Investment and Trade: What's the Difference?
2. Relationship between Law and International Investment
2.1. Introduction
2.2. Law Enhances or Diminishes the Predictability of Investment Transactions
2.3. Law Increases or Reduces Associated Transaction Costs
2.4. Law is an Instrument to Direct, Control, and Encourage International Capital Flows
2.5. Law Defines and Regulates Investment Rights, Responsibilities, and Relationships
2.6. Law is a Means to Resolve Investment Disputes
3. Three Legal Frameworks for International Investment: National, Contractual, and International
3.1. Investment Frameworks in General
3.2. National Legal Framework
3.3. Contractual Framework
3.4. International Legal Framework
3.5. Interrelationships of the Three Legal Frameworks
pt. II NATIONAL LEGAL FRAMEWORK
4. Factors Shaping National Legal Frameworks for International Investment
4.1. Introduction
4.2. Four Dominant Attitudes toward International Investment
4.3. National Economic Systems and Development Models
5. National Regulation of the Exit and Entry of Capital
5.1. Introduction
5.2. Authority of States to Regulate International Capital Movements
5.3. Regulation of Capital Outflows
5.4. Regulation of Capital Inflows
6. National Regulation of Foreign Investment
6.1. National Foreign Investment Policy and Law
6.2. Regulation of Foreign Direct Investment
6.3. Definition of Permitted Investments
6.4. Incentives and Guarantees Offered to Foreign Investment
6.5. Controls over Foreign Investment Operations
6.6. Administration of Direct Foreign Investment Regulations
6.7. Host Government Investment Approvals
6.8. Privatization of State Assets as a Means to Encourage Foreign Equity Investment
6.9. National Regulation of Foreign Portfolio Equity Investment
6.10. National Regulation of International Debt Investments
6.11. Debt-to-Equity Conversions
7. Challenges of Legal Change
7.1. Nature of Legal Change
7.2. Forces for Legal Change
7.3. Investor Strategies for Coping with the Risk of Legal Change
pt. III CONTRACTUAL LEGAL FRAMEWORK
8. Nature and Functions of the Contractual Framework for Investments
8.1. In General
8.2. Investment Contracts as Legal Instruments
8.3. Economic and Social Functions of Investment Contracts
9. Negotiation of International Investment Contracts
9.1. Role of Negotiation in the Investment Process
9.2. Nature of the Negotiation Process
9.3. Barriers to Negotiating an International Investment
9.4. Barrier of the Negotiating Environment
9.5. Barrier of Foreign Laws and Governments
9.6. Barrier of Ideological Differences
9.7. Barrier of Foreign Organizations and Bureaucracies
9.8. Barrier of Multiple Currencies
9.9. Barrier of Political Instability and Sudden Change
9.10. Barrier of Cultural Differences
9.11. Negotiating Investment Contracts with Foreign Governments
9.12. Negotiating Long-Term Investment Contracts
10. Nature and Content of International Investment Contracts
10.1. Introduction
10.2. Wholly Owned Foreign Direct Investments
10.3. International Joint Ventures
10.4. International Joint Venture Contracts
10.5. Content of International Joint Venture Agreements
10.6. International Investment in Infrastructure
10.7. Case Study of Infrastructure Investment: The Dabhol Power Company in India
10.8. International Loan Contracts
11. Political Risk Insurance
11.1. Political Risk
11.2. Political Risk Insurance
11.3. National Governmental Programs
11.4. United States Overseas Private Investment Corporation (OPIC)
11.5. Multilateral Political Risk Insurance Programs
11.6. Multilateral Investment Guarantee Agency (MIGA)
11.7. Private Sources of Political Risk Insurance
12. Contractual Stability, Instability, and Renegotiation
12.1. Challenge of Contractual Stability
12.2. Defining Renegotiation
12.3. Post-Contract Renegotiations
12.4. Intra-Contract Renegotiations
12.5. Extra-Contract Renegotiation
12.6. Case of Extra-Contract Renegotiation: The Dabhol Power Project in India
12.7. Conclusion
pt. IV INTERNATIONAL LEGAL FRAMEWORK
13. Foundations of the International Legal Framework for Investment
13.1. In General
13.2. International Conventions
13.3. International Custom
13.4. General Principles of Law
13.5. Customary International Law and General Principles of Law Governing Investment
13.6. Customary International Law Concerning Expropriation and Breach of State Contracts
13.7. Challenges to the Capital-Exporting States' Position on International Investment Law
13.8. Perceived Deficiencies of International Investment Law
14. Treatification of International Investment Law
14.1. Introduction
14.2. Historical Background of the Treatification Process
14.3. Objectives of the Movement to Negotiate Investment Treaties
14.4. Primary Objectives of Investment Treaties
14.5. Secondary Objectives of Investment Treaties
14.6. Long-Term Goals of Investment Treaties
14.7. Treaty Negotiation Process
14.8. Conclusion
15. Nature and Content of Investment Treaties
15.1. Introduction
15.2. Treaty Structure
15.3. Treaty Title and Statement of Purpose
15.4. Definitions and Scope of Application of Investment Treaties
15.5. Investment Promotion, Admission, and Establishment
15.6. General Standards of Treatment of Foreign Investment
15.7. Monetary Transfers
15.8. Expropriation and Dispossession
15.9. Operational and Other Conditions
15.10. Losses from Armed Conflict or Internal Disorder
15.11. Consequences of Treaty Violations
15.12. Dispute Settlement
15.13. Treaty Exceptions, Amendments, and Terminations
15.14. Conclusion
pt. V CONCLUSION
16. Interaction of the Three Legal Frameworks
16.1. In General
16.2. National Law-Contractual Framework Interaction
16.3. National Law-International Law Interaction
16.4. Contractual Framework-International Law Interaction.