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The definition of investor and investment is key to the scope of application of rights and obligations of investment agreements and to the establishment of the jurisdiction of investment treaty-based arbitral tribunals. This factual survey of state practice and jurisprudence aims to clarify the requirements to be met by individuals and corporations in order to be entitled to the treatment and protection provided for under investment
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Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. The meaning of the umbrella clauses is one of the most controversial issues with which international arbitral tribunals have been recently confronted with while
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This report analyses the interactions between the investment and services chapters of 20 regional trade agreements. It classifies agreements into two broad categories of NAFTA-inspired and GATS inspired agreements and identifies four major types of interaction between the investment and trade in services chapters. The report then looks at the implications of the services/investment interface for levels of investment protection and
Organised in Paris on 27-28 March 2008, this event focused on best practice in promoting investment for development. The relationship between investment and development was a key theme during the 2007 G-8 Summit, which called upon “UNCTAD and the OECD to jointly engage industrialised countries, emerging economies and developing countries in the development of best practices for creating an institutional environment conducive to
In his remarks, Mr Gurría spoke of the work undertaken by the OECD and UNCTAD with developing countries aiming to define a shared understanding of healthy investment climates. The Secretary-General underlined that investment expands the economy’s productive capacity, drives job creation and economic growth, promotes innovation and trade, and ensures essential infrastructure.
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This progress report was issued following the 7th Roundtable on Freedom of Investment, National Security and ‘Strategic’ Industries which took place in Paris on 26 March 2008. Since early 2006, OECD has provided a forum for intergovernmental dialogue on how governments can reconcile the need to preserve and expand an open international investment environment with their duty to safeguard the essential security interests of their people.
International investment agreements set ground rules for how host governments treat foreign investors. This publication includes the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in selected regional trade agreements.
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Investment Newsletter, No. 6 puts the spotlight on China's outward foreign direct investment (FDI), as well as reporting on recent developments in foreign direct investment in OECD countries. It also reviews the effect of taxation on FDI, efforts to mobilise private investment in Africa's water infrastructure, and examines services trade and FDI in regional trade agreements.
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The purpose of this User's Guide is to contribute to a better understanding of the principles and procedures of the OECD Codes. It also provides detailed explanations of the coverage of the Codes and may therefore serve as a manual for Code users. First published in 2003, the 2008 version has been adjusted to take recent developments into account, specifically, revised insurance and private pensions provisions of the Code of
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Virtually all governments are keen to attract foreign direct investment (FDI). It can generate new jobs, bring in new technologies and, more generally, promote growth and employment. The resulting net increase in domestic income is shared with government through taxation of wages and profits of foreign-owned companies, and possibly other taxes on business (e.g. property tax). FDI may also positively affect domestic income through