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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.
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.
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.).
This paper examines how institutional investors can access green infrastructure, the extent to which this is currently happening, and the barriers to scaling up these investment flows. Based on four case studies, broader lessons are drawn for governments on the policy settings which may support investment in green infrastructure by institutional investors.
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.
This programme raises awareness of international principles and best practice in combating corruption in selected countries in the Middle East and North Africa region. It encourages governments and companies to develop and implement integrity measures and tools with a view to leveling the playing field for businesses operating in the region.
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.
English, PDF, 1,078kb
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This scoping paper has supported inter-governmental dialogue about ISDS at several OECD-hosted investment Roundtable meetings.