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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 reproduces an interim report approved by the OECD Investment Committee at the fourth OECD Roundtable on Freedom of Investment, National Security and “Strategic” Industries on 30 March 2007. It also provides a brief overview of discriminatory practices by national authorities motivated by national security and other essential interests.
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OECD Secretary-General Angel Gurrìa outlines his views on current challenges facing the international investment policy community in the introductory chapter of the 2007 edition of International Investment Perspectives.
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
This report analyses the interactions between the investment and services chapters of 20 regional trade agreements. It classifies agreements into two broad categories of NAFTA-inspired and GATS-inspired agreements and identifies four major types of interaction between the investment and trade in services chapters. The report then looks at the implications of the services/investment interface for levels of investment protection and
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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
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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.
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The second issue of the Investment Newsletter focuses on OECD work on preventing investment protectionism, as well as reporting on recent FDI developments and their measurement. It also reviews the results of the investment policy review of the Russian Federation and offers asummary of recent work on implementing the OECD Guidelines for Multinational Enterprises.