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.
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 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.
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.
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.
This seminar investigated how changes made in key policy areas at national, regional and international levels can help generate more and better private investment in Africa’s infrastructure.
Esta conferencia abordaró cuestiones clave en materia de inversión en infraestructura en América Latina y el Caribe. Fomentaró el debate entre funcionarios públicos, expertos internacionales y otras partes interesadas sobre recomendaciones concretas de políticas públicas que maximicen las oportunidades y hagan frente a los desafíos de la región.
This conference addressed key questions on investment in infrastructure and transport in Latin America and the Caribbean. It brought together policymakers, international experts and other interested stakeholders to discuss concrete policy recommendations to maximise the opportunities and address the challenges in the region.