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This Symposium, organised jointly by ICSID, OECD and UNCTAD, enabled non-governmental actors to share their perspectives on emerging investment arbitration issues identified by governments and their international organisations; to explore and advance the agenda which developed and developing country parties to investment agreements have in common; and to consider ways for the three organisations and other interested institutions to
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. This publication describes the main features of the OECD National Treatment instrument and contains a complete survey of adhering governments' measures relating to National Treatment.
English, , 262kb
This working paper provides background information on what multilateral instruments have influenced or supported the Multinational Enterprises Guidelines and more.
English, , 415kb
Promoting investment for growth and sustainable development worldwide is a core mission of the OECD. This mission has been entrusted to the Investment Committee.
English, , 189kb
The system of investment dispute settlement has borrowed its main elements from the system of commercial arbitration. However, investor-state disputes often raise public interest issues which are usually absent from international commercial arbitration. As a result, the traditional manner in which governmental measures are reviewed for compliance with international law in a private setting, i.e. confidential in camera proceedings
This comprehensive review of investment policy in Romania assesses the untapped growth potential for foreign investment in Romania, measures the significant progress recently made by Romania to improve its business environment, and identifies the most significant remaining policy challenges. This review was conducted by the OECD prior to inviting Romania to adhere to the OECD Declaration on International Investment and Multinational
Russian, , 918kb
Despite a wealth of investment opportunities, the Russian Federation has attracted relatively little foreign direct investment (FDI) and has experienced large-scale capital flight. This phenomenon results from sectoral restrictions on foreign investment and from important institutional factors which also affect domestic businesses.
Russia has made significant improvements in its business environment since the last decade, adopting
English, , 130kb
This document provides factual elements of information on jurisprudence, state practice and literature related to "Indirect Expropriation" and the "Right to Regulate". It presents the issues at stake and describes the basic concepts of the obligation to compensate for indirect expropriation, reviews whether and how legal instruments and other texts articulate the difference between indirect expropriation and the right of the
Russian, , 887kb
This article on "Indirect Expropriation" and the "Right to Regulate" in International Investment Lawwas translated into Russian by Dr. Marina Trunk-Fedorova, LL.M. and published in Die Rechtslage von Auslandsinvestitionen in Transformationslaendern – Legal issues of foreign investment in transition countries. Liber Amicorum to Professor Wolfgang Seiffert, former Director of the Institute of East European Law at the University of
English, , 249kb
This document provides factual elements of information on jurisprudence, literature and state practice related to the fair and equitable treatment standard. It examines the origins of the standard and its use in international agreements and state practice, its relationship with the minimum standard of international customary law and the elements of its normative content as identified by arbitral tribunals.