English, PDF, 903kb
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.
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.
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.
Risk finance is essential for new ventures to commercialise new ideas and grow, especially in emerging sectors. Yet very little is known about the drivers and characteristics of risk finance in the green sector. This paper aims to fill this gap by providing a detailed description of risk finance in the green sector across 29 countries and identifying the role that policies might have in shaping high-growth investments.
English, PDF, 2,081kb
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.
English, PDF, 848kb
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.).
English, PDF, 1,283kb
Many areas like Manisa suffer from a local lack of sophisticated demand in terms of expressed SME requirements. This leaves considerable scope for demand and supply side initiatives set within KOSGEB’s framework that will assist in shaping intervention and promoting a coherent approach to SME development.
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.
Recent studies have shown that knowledge-based capital (KBC) is an important source of economic growth in many of the world’s advanced economies (much more so than R&D alone) and is positively correlated with real GDP per capita in a cross-section of these economies. This literature is still in its infancy and there is, as yet, no systematic discussion of KBC policy. This working paper makes an attempt to fill this gap.
English, PDF, 1,306kb
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.