Thesis (M.A.)--Miami University, Dept. of Political Science, 2006. / Title from first page of PDF document. Includes bibliographical references.

Thesis (doctoral)--Universität, Mannheim, 2005. / Description based on print version record. Includes bibliographical references.

No description available.

This research analyzes investment treaty arbitration under the International Center for Settlement of Investment Disputes (ICSID) in the context of Nigeria's international investment law regime. The ICSID Convention establishes ICSID. The arbitration of investment claims in the context of investment treaty arbitration under the ICSID should reflect the purpose of the ICSID Convention. The nature of foreign investment disputes is implicated in any act or omission by the host State tantamount to expropriation or violations of applicable investment agreements. This implication is one of the considerations for the protection of foreign investments in the host State through mechanisms that support the theory of the 'internationalization of State contracts' and the interpretation of 'umbrella clauses' found in most Bilateral Investment Treaties (BITs) applicable to the settlement of investment disputes. There are questions with respect to the feasibility of the classical theory of foreign direct investment (FDI) and the postulation of 'treaty protagonists' that the core adjudicative element of investment treaty arbitration ought to be 'contribution to economic development.' The thesis argues that, while the international mechanisms for the conduct of FDI are not yet perfect, the mechanisms offer some ideas and experience on how to reform Nigeria's investment treaty mechanism using 'the law in context approach' as a basis for reforms. The uncertainty associated with the ICSID Convention, with respect to the definition of 'investment' and established foreign investment treatment standards found in Nigeria's BITs regime, provides an opportunity for Nigeria to design a legal mechanism that would enhance its competitiveness in attracting FDI for economic development. A legal framework for investment treaty arbitration conducted under the ICSID is proposed to promote economic development and avoid the costs associated with investment treaty arbitration.

published_or_final_version / Business Administration / Master / Master of Business Administration

published_or_final_version / Business Administration / Master / Master of Business Administration

published_or_final_version / abstract / Business / Doctoral / Doctor of Philosophy

Submitted in fulfilment of the requirements for the degree: Masters of Laws LLM by Dissertation (Research) Faculty of Commerce, Law and Management – School of Law University of the Witwatersrand, 2017 / This dissertation interrogates whether there is an irresoluble conflict between the traditional form of protection offered to foreign investments under bilateral and multilateral investment treaties and the right and responsibility of states to regulate in the public interest. It examines the criticisms against the traditional form of protection under such treaties, which have been voiced vociferously in the last few years, and contrasts these with the justifications for it. Ultimately, it appears that the protections and mechanisms for enforcement under investment treaties do act to curtail what would otherwise be legitimate exercises of sovereignty by host states and that this can have a significant chilling effect on a state's ability to implement important regulatory initiatives and policies. It also appears, however, that, although there is potential for tension between the protection of investments and the state's right and responsibility to regulate, this potential can be managed. This dissertation analyses the reaction of the South African government to the concerns it has with its investment treaties, which ultimately found expression in the arguably extreme decision to give notice of non renewal of a number of its investment treaties and the adoption of domestic legislation which provides an undeniably diluted form of protection. This reaction leaves much to be desired and will ultimately have negative consequences of its own. It can be contrasted with that of other actors within the international arena who, whilst also harbouring concerns about the potential incursion of investment treaties into their regulatory mandate, have taken proactive and innovative steps to reform and craft their investment protection obligations to ensure that they retain sufficient regulatory space, without attracting the negative consequences of a complete rejection of the prevailing system. States should recognise their ability to tailor their commitments to their specific and evolving needs and take steps to craft legal frameworks that will provide sufficient investment protection without too great an incursion on their regulatory responsibilities. / XL2018

University of Macau / Faculty of Law

譚迎波. / 論文(哲學碩士) -- 香港中文大學硏究院經濟學部, 1996. / 參考文献 : leaves 140-148. / Tan Yingbo. / 鳴謝 / 全文摘要 / Chapter 第一章： --- 簡介 --- p.1 / Chapter 第一節： --- 文獻回顧 / Chapter 第二節： --- 背景 / Chapter 第三節： --- 外資的分類 / Chapter 第二章： --- 廣東省外資利用和出口的官方統計數據問題 --- p.19 / Chapter 第一節： --- 加工裝配中的不作價設備價値--官方統計中嚴重低估廣 東的外資總額 / Chapter 第二節： --- "出口的數據問題：加工裝配出口總額、""各作各價""對口 合同總額和低報出口的問題" / Chapter 第三章： --- 廣東的外資利用 --- p.37 / Chapter 第一節： --- 廣東在全國外資利用中的重要地位及其特點 / Chapter 第二節： --- 外資利用在廣東地區間的差異 / Chapter 第三節： --- 廣東的外商直接投資狀況 / Chapter 第四章： --- 外商投資對廣東出口的促進作用 --- p.79 / Chapter 第一節： --- 廣東的出口 / Chapter 第二節： --- 狹義貿易出口和三資企業出口的比較 / Chapter 第五章： --- 外資對廣東經濟增長作用的經濟計量分析 --- p.103 / Chapter 第一節： --- 文獻回顧 / Chapter 第二節： --- 模型 / Chapter 第三節： --- 所用數據 / Chapter 第四節： --- 測算結果分析 / Chapter 第六章： --- 結論 --- p.126 / 附錄 --- p.130 / 附錄一：中國出口商品分組及和HS碼，SITC.Rev.2碼的對應 / 附錄二.1廣東狹義貿易出口產品單價指數（1988-1992) / 附錄二.2廣東三資企業主要出口產品單價指數（1988-1992) / 附錄二.3廣東三資企業出口產品單價對狹義貿易出口單價的比率 (1988-1992) / 附錄三：經濟計量模型推導過程 / 參考書目 --- p.140