Working Papers


  • 16-January-2015

    English

    OECD Working Papers on International Investment

    The working paper series on international investment – including policies and trends and the broader implications of multinational enterprise – makes available selected studies by the OECD Investment Committee, OECD Investment Division staff, or by outside consultants working on OECD Investment Committee projects.

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  • 16-January-2015

    English, PDF, 912kb

    Investment Treaties over Time - Treaty Practice and Interpretation in a Changing World, International Investment Working Paper 2015/2

    Investment treaty law reflects a permanent tension between stability and flexibility. Stability nurtures predictability, while flexibility helps legal systems stay in alignment with changing circumstances and evolving needs. This paper establishes an inventory of the mechanisms in investment treaty law that provide flexibility and surveys relevant treaty practice.

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  • 14-January-2015

    English, PDF, 994kb

    The Policy Landscape for International Investment by Government-controlled Investors: A Fact Finding Survey, International Investment Working Paper 2015/1

    Government-controlled investors, including state-owned enterprises and sovereign wealth funds, have greatly expanded their international activities in recent years. This paper describes the existing policy landscape of international investments by government-controlled investors under both national and international frameworks.

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  • 10-October-2014

    English, PDF, 903kb

    Investment Treaties and Shareholder Claims: Analysis of Treaty Practice, International Investment Working Paper 2014/3

    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.

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  • 23-July-2014

    English

    Investment Treaties and Shareholder Claims for Reflective Loss: Insights from Advanced Systems of Corporate Law, International Investment Working Paper 2014/2

    This paper examines shareholder claims for reflective loss under investment treaties in light of comparative analysis of advanced systems of corporate law; considers the impact of allowing shareholder claims for reflective loss on key characteristics of the business corporation; and explores possible responses by different categories of investors to the availability of shareholder claims for reflective loss under investment treaties.

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  • 23-July-2014

    English

    Investment Treaty Law, Sustainable Development and Responsible Business Conduct: A Fact Finding Survey, International Investment Working Paper 2014/1

    Investment treaties are often thought to be silent on investors’ responsibilities to host societies and on their contributions to sustainable development. This paper establishes a factual and statistical basis for understanding the relationship between investment treaty law and governments’ ability to advance the sustainable development agenda and promote responsible business conduct.

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  • 13-December-2013

    English, PDF, 2,081kb

    Temporal validity of international investment agreements: a large sample survey of treaty provisions, International Investment Working Paper 2013/4

    International investment agreements almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements that the 55 economies participating in the OECD-hosted Freedom of Investment Roundtables have concluded with any other economy.

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  • 12-November-2013

    English, PDF, 848kb

    Investment treaties as corporate law: Shareholder claims and issues of consistency, International Investment Working Paper 2013/3

    Many investor-state dispute settlement (ISDS) claims are by shareholders for so-called "reflective loss" incurred as a result of injury to “their” company. This paper (i) compares the wide acceptance of such claims in ISDS with their general prohibition in advanced systems of national corporate law; and (ii) analyses policy issues raised by such claims (e.g., risk of double recovery, high legal costs, injury to creditors, etc.).

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  • 1-August-2013

    English

    Lessons from investment policy reform in Korea

    This study documents the liberalisation of the FDI regime in Korea between 1990 and 2010 and examines how and why it came about. The paper focuses on the lessons can we draw from the Korean experience about how to achieve rapid and sustainable reforms.

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  • 23-May-2013

    English, PDF, 1,306kb

    China Investment Policy Update

    This paper examines China’s investment policy since the publication of the 2008 OECD Investment Policy Review of China and recommends that the Chinese government continue its efforts to liberalise and increase the transparency and predictability of the framework for both inward and outward FDI. OECD Working Papers on International Investment - No. 2013/1.

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