As a result of recent events, both domestic and international, the Mexican financial markets are now open to foreign investment. It was expected that the entry of investors and capital from abroad would aid in the strengthening of domestic intermediaries and would bolster the efficiency and depth of the markets in Mexico. In order to allow the entry of foreign investments, substantial amendments and additions to financial regulations have taken place within a relatively short period of time. / Investment in domestic institutions is now open to foreign participants, irrespective of the country of origin. However, access to the Mexican markets through wholly owned subsidiaries is limited to investors from countries that have executed financial treaties with Mexico. This is the case of investors from the NAFTA countries. / A number of reputable intermediaries worldwide have entered the Mexican markets. Nevertheless, the extent of the commitment to Mexican investments is limited by political, economical and legal concerns. It is expected that policies towards more open financial markets will continue to shape the actions of the Mexican government in the future.

To be fair and equitable are aims inherent in most legal systems, whether domestic or international, but are usually tacitly stated. With respect to foreign direct investment (FDI) they constitute a standard of treatment which lacks a clear definition. Nevertheless, the recurrence of this standard in conventional instruments makes it one of the focal points of this branch of international law. / The main goal of this thesis is to explore and understand the standard of fair and equitable treatment. To understand its definition, it is first necessary to undertake a theoretical analysis of the notion. Secondly, having assessed the general meaning to fair and equitable treatment, an attempt is made to assess the difficulties which have arisen from its incorporation in Chapter 11 of the North American Free Trade Agreement (NAFTA). Finally, the thesis tries to assess where the concept stands in international law and whether or not it has passed into the corpus of customary international law.

China permits foreign investors to establish foreign investment companies limited by shares (FICLBS) together with Chinese domestic investors after 1995. FICLBS are a new form of foreign investment in addition to Sino-foreign Equity Joint Ventures, Sino-foreign Contractual Joint Ventures and Wholly Foreign Owned Enterprises. In the meantime, FICLBS have close relations with and are strictly governed by PRC Company Law. The double nature of FICLBS accounts for many characteristics of FICLBS. As a form of foreign investment, FICLBS are based on the foreign investment regime. FICLBS are governed by the legal provisions relating to foreign investment regime. At the same time, various State and Party policies give various characteristics to FICLBS and make them different from other foreign investment enterprises. As a form of modern company, FICLBS are greatly influenced by both civil law and common law as a result of the policy of joining the world economy. This thesis focuses on the common law influences. The influences of common law on FICLBS are manifest in various respects. On the other hand, various Chinese characteristics are intentionally remained. These Chinese characteristics can be found in many important phases and aspects of FICLBS such as corporate capacity, corporate governance, shares and dividends. The contradicting characteristics of FICLBS are a product of the contradicting State and Party policies underlying them. On one hand, China adopts the opening-up policy and has been making constant efforts to join the world economy. On the other hand, China has always been trying to maintain the so-called Chinese characteristics despite the fact that there is no generally accepted definition of Chinese characteristics. Although China has always been committed to keeping its policies consistent, the unstable nature of the policy basis of FICLBS will inevitably affect the future of FICLBS. However, since the opening-up policy of China will not possibly be reversed in the future, FICLBS will remain available for foreign investors no matter how the specific policies are changed.

Attempts by the international community to establish a comprehensive global framework for protection of foreign investment have not yet succeeded. The Russian Federation has remained aloof from these efforts. Its attention instead has been focused on the need to redesign its internal legal framework to accommodate the transition to a market economy. / The first aim of this thesis is to identify the major policy issues that inform the multilateral investment protection debate and to identify the motives that have influenced Russia not to participate. The second aim is to provide an analysis of the progress that the Russian Federation has made in reforming its internal legal framework to better accommodate and protect foreign investment and identify the deficiencies that still have to be addressed.

Foreign Direct Investment (FDI) is a key element in achieving progress. In a world with increasing competition for capital, it is mandatory for countries to develop different mechanisms to attract FDI. Mexico is an example of a developing country that in recent years has greatly benefited from FDI. This trend results from this country's development of a number of mechanisms on both the domestic and the international scene promoting this type of investment. Along with the investment openings being fostered on the domestic scene, Mexico has been conducting international efforts to reach FDI objectives. It has entered into a number of Bilateral Investment Treaties (BITs) as well as Bilateral and Regional Free Trade Agreements (FTAs). The most important goals achieved by this country encouraging the reception of FDI are the preferential trade agreements signed with the two biggest markets in the world, North America and the European Union. Mexico's participation in the WTO represents one of its efforts to establish lateral ties to achieve its FDI objectives. The fact that there is a relationship between trade and investment has been established.

This thesis focuses on Foreign Direct Investment (FDI) in Angola and on constraints encountered by investors. It discusses the new Investment Law, resulting from a comprehensive law reform in 2003, as well as investment incentives destined to attract FDI into the territory, furthermore: the legal definitions of FDI and of &ldquo / Investor&rdquo / the Angolan private international law / the main constraints (investment barriers) encountered by investors, after and before entering the Angolan territory / the legal protection afforded to investors, and some examples of FDI and their implications in Angola.<br /> <br /> The author also analyses investment and intra-trade within the Sub-Saharan region, Angola under modes 3 and 4 of GATS, and other aspects of foreign (as well as private) investment, including on what has been done and what should still be achieved under the SADC Trade, Finance and Investment Protocol from 2005 onwards. This analysis, it is hoped, will contribute to the better understanding of the implications and benefits of FDI in Angola, considering the recent increase of inflows of FDI, as well, as to what extent and how the Government should continue to control and direct, as well as encourage FDI. To conclude, the impact (positive -negative) of FDI in the Angolan society, economy and for the environment will be discussed. Together with the chapters describing the legal framework for FDI, these parts are intended to provide a better insight into the legal, economic and social background for investing and for doing business in Angola, and what type of protection investors can expect from the country, whilst information and academic materials on this subject matter continue to be scarce and difficult to access.

The aim of this examination was to identify those evolving trends that are common to multilateral agreements some of which have been entered into by African developing countries, bearing in mind the debates and position of African developing countries. The study also aimed at examining the effects of these regulations on African countries especially with key provisions and the kinds of rights and obligations they confer on investors as well as the host country. As there is a need to create a balance between the interest of the host nation and the investor, the study also aimed at identifying if those evolving common trends can be used to establish a guideline for a standard bilateral investment treaty or on the other hand whether they can be used as a template for a multilateral agreement on investment.

Thesis (M.A.)--Indiana University, 2007. / Title from screen (viewed on June 27, 2007) Department of English, Indiana University-Purdue University Indianapolis (IUPUI) Includes vita. Includes bibliographical references (leaves 77-80)

This thesis employs the lens of constitutional identity to engage in a comparative analysis of Germany during reunification and the United States during Reconstruction. I argue that these developments should be considered constitutional moments that fundamentally shifted the ways each country conceptualized citizenship, economic liberties, and federalism. Moreover, the similarities between these shifts highlight an overarching logic to constitutional design by showing why realizing these re-conceptualizations required substantive changes to constitutional mechanisms and delegation of powers. Ultimately my thesis emphasizes the analytical power of constitutional identity and critiques a variety of perspectives on Reconstruction, including those found in the majority opinions in the Slaughterhouse Cases and Civil Rights Cases.

China permits foreign investors to establish foreign investment companies limited by shares (FICLBS) together with Chinese domestic investors after 1995. FICLBS are a new form of foreign investment in addition to Sino-foreign Equity Joint Ventures, Sino-foreign Contractual Joint Ventures and Wholly Foreign Owned Enterprises. In the meantime, FICLBS have close relations with and are strictly governed by PRC Company Law. The double nature of FICLBS accounts for many characteristics of FICLBS. As a form of foreign investment, FICLBS are based on the foreign investment regime. FICLBS are governed by the legal provisions relating to foreign investment regime. At the same time, various State and Party policies give various characteristics to FICLBS and make them different from other foreign investment enterprises. As a form of modern company, FICLBS are greatly influenced by both civil law and common law as a result of the policy of joining the world economy. This thesis focuses on the common law influences. The influences of common law on FICLBS are manifest in various respects. On the other hand, various Chinese characteristics are intentionally remained. These Chinese characteristics can be found in many important phases and aspects of FICLBS such as corporate capacity, corporate governance, shares and dividends. The contradicting characteristics of FICLBS are a product of the contradicting State and Party policies underlying them. On one hand, China adopts the opening-up policy and has been making constant efforts to join the world economy. On the other hand, China has always been trying to maintain the so-called Chinese characteristics despite the fact that there is no generally accepted definition of Chinese characteristics. Although China has always been committed to keeping its policies consistent, the unstable nature of the policy basis of FICLBS will inevitably affect the future of FICLBS. However, since the opening-up policy of China will not possibly be reversed in the future, FICLBS will remain available for foreign investors no matter how the specific policies are changed. / Law, Peter A. Allard School of / Graduate