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By Jan Peter Sasse

Bilateral funding Treaties (BITs) are a tremendous device for the safety of overseas direct funding (FDI). despite the fact that, in comparison to foreign alternate legislation, foreign funding legislations has thus far acquired in basic terms little study recognition from an monetary perspective. by way of utilising a legislation and economics procedure, Jan Peter Sasse presents a scientific research of how BITs functionality. He explains why BITs are greater than only a sign, how they relate to institutional festival in addition to to institutional caliber and why transparency is foreign funding arbitration is difficult to accomplish and will even harmful.

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64 Evidently, the economic literature on these issues can be characterised as controversial. Nevertheless, the majority of economists seem to emphasise the positive effects of FDI on the respective host country. It also seems clear that some of the potential negative effects of FDI can be addressed through adequate domestic policies and thus might, if at all, only pose minor or temporary problems. While the academic debate on the effects of FDI on host countries is far from being over, as a practical matter, the issue seems to have been decided.

In the example of the Venezuelan oil industry, this would be the case if the investor could seize the assets of PDSVA too easily, for example if international arbitration had a strong bias in favour of the investor. "101 The major difference between hands-tying and hostages is that handstying is self-executive – it requires no additional actions by the parties to the transaction. For FDI, probably the most widely used form of hands-tying is domestic investment law enforced by an independent judiciary.

22 Compared to 2005, this constitutes a growth in FDI flows of about 38%. 1 indicates, FDI has been on a growth path since the mid-1980s, reaching a peak in the year 2000 and an all-time high in 2007. 23 18 19 20 21 22 23 OECD (1996), 7f. 245. 9. 15. 9. xix. J. P. 2 indicates, the countries of Western Europe experienced the highest FDI inflows. Among the emerging and developing regions, Asia appears to be the most attractive FDI location. 314. 6. 27 Another noteworthy trend is the growing importance of south-south flows (meaning flows between developing countries) since the mid-1980s.

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