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Under many international agreements, states have negotiated language which provides that even when states have entered into treaty commitments, such commitments do not prevent them from taking measures in order to protect their essential security interests. This article analyses the frequency and scope of these provisions in international investment agreements and instruments to which OECD members are party; the way customary
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This article provides revised measures of the OECD's FDI Regulatory Restrictiveness Index for 29 OECD countries, and extends the approach to the ten non-member countries adhering to the OECD Declaration (Argentina, Brazil, Chile, Egypt, Estonia, Israel, Latvia, Lithuania, Romania, and Slovenia) and four other major non-OECD countries (China, India, Russia and South Africa). The FDI restrictiveness index covers 9 sectors and 11
In July 2007, Egypt became the 40th country to adhere to the OECD Declaration on International Investment and Multinational Enterprises. The adherents to the Declaration commit to providing national treatment to foreign investors and promoting responsible international business conduct. During this process, Egypt undertook a thorough review by OECD members of its international investment policies using the Policy Framework for
Jointly organised by the OECD and China’s Ministry of Commerce (MOFCOM), this seminar on took place on 9 September 2007, in Xiamen, China, on the occasion of the 11th China International Fair for Investment and Trade.
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Investment Newsletter, No. 4 highlights recent and ongoing work at the OECD addressing the new challenges of a global international investment environment. It includes articles reporting the latest FDI trends, a summary on progress made in our ‘freedom of investment’ project, an overview of newly developed OECD Principles for Private Sector Participation in Infrastructure and the key findings from recent analytical work exploring the
Freedom of Investment, Investment Environment, and Social Responsibility was one of the key themes at the annual summit of the Group of Eight leading industrialised nations (G8) which took place in Heiligendamm, Germany, from 6-8 June 2007. The G8 Summit Declaration called for continuation of the OECD Investment Committee's project on Freedom of Investment, National Security and "Strategic" Industries, additional non-member adherences
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This report presents a review of arrangements which have been found to make the identification of ultimate beneficial ownership and control difficult. It reviews potential implications for investment authorities when they have responsibility for assessing possible threats to essential security interests. It was prepared in support of discussions at the OECD Roundtable on Freedom of Investment in March 2007.
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Investment Newsletter, No.3 provides the latest FDI statistics for OECD countries, covers implementing the Policy Framework for Investment in Africa and South East Europe, reviews recent changes in China’s policies towards cross-border M&As and reports on measuring FDI regulatory restrictiveness.
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This working paper provides a revised measure of regulatory restrictions on inward foreign direct investment (FDI) for OECD countries and extends the approach to 13 non-member countries.
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Given the very frequent occurrence of the umbrella clause in modern investment treaties, and the different language used in these treaties, this paper aims to improve an understanding of the interpretations of this clause.