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This paper analyses investment treaty provisions relating to shareholder claims. It addresses (i) treaty regimes for shareholder recovery and company recovery of damages; (ii) the interaction of reflective loss claims with treaty provisions that seek to limit multiple claims; and (iii) treaty provisions applicable to government objections to shareholder claims for reflective loss.
The National Treatment instrument stipulates that adhering countries shall accord to foreign-controlled enterprises on their territories treatment no less favourable than that accorded in like situations to domestic enterprises.
English, PDF, 563kb
Held in Paris on 19 March 2014, the 20th Roundtable began a second round of discussions on hidden investment protectionism. Discussions also focused on investor-state dispute settlement and international investment law, the related topic of legal principles applicable to joint government interpretation of investment treaties, the use of OECD materials in ISDS cases to date, and competitive neutrality.
This page provides access to the summary reports from all the roundtables that take place within the framework of the Freedom of Investment process hosted by the OECD Investment Committee.
This report examines Botswana's achievements in developing an open and transparent investment regime and its efforts to reduce restrictions on international investment.
This Investment Policy Review examines Nigeria's achievements in developing an open and transparent investment regime and its efforts to reduce restrictions on international investment.
The Policy Framework for Investment (PFI) is a non-prescriptive tool for improving investment policy for development. It helps governments to design and implement policy reforms to create a truly attractive, robust and competitive environment for domestic and foreign investment.
This self-assessment report looks at South Africa's investment regime in the light of the OECD Codes of Liberalisation and the principle of National Treatment.
The Code of Liberalisation of Capital Movements and the Code of Liberalisation of Current Invisible Operations constitute legally binding rules, stipulating progressive, non-discriminatory liberalisation of capital movements, the right of establishment and current invisible transactions (mostly services). All non-conforming measures must be listed in country reservations against the Codes.
This page lists OECD investment policy tools intended to help governments interested in creating an attractive investment environment and in enhancing the development benefits of investment to society.