The Caribbean countries of Jamaica, Barbados and Trinidad-Tobago represent excellent examples of the increasingly important role played by Foreign Direct Investment (FDI) in less developed, micro-economies. The increased dependence of these countries on FDI, however, calls to question the attractiveness of the business environment of the region to the foreign investor. This volume examines both the investment behaviour and corporate strategies operating in these three countries, and assesses the factors which influence the motivations, location choices and market entry mode of multinationals making investment in the Caribbean. The degree to which these are shaped by the timing of the investment decision, the type of FDI - market-seeking, resource-seeking or export-seeking - and the country of origin of the investor is also explored. By drawing on core case studies and the use of quantitative analysis, the author highlights key issues relating to corporate strategy and investment behaviour of Multinational Enterprises in the economies of less industrialised countries, including: - public policy - strategic management - human resource development, institutional reform and infrastructural upgrading.
Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.
An ideal practitioner's tool, this book clearly examines international law and provides practical steps that can be taken to minimize political risk and to deal with expropriation when it occurs. A systematic format covers relevant international law; defines political risk in general and in its most common forms; discusses available investment treaties and related mechanisms and institutions that might make a given developing country more attractive than another; considers pre-investment decisions that can reduce political risk, from ways to structure transactions to procuring investment insurance; and details the options open to an investor after an investment is affected.
A- The political risk of expropriation, both direct and indirect
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