Promotion and protection of foreign investment in Indonesia In last few decades Indonesia became an important player on a field of international investment. Since the early Soeharto years Indonesia has enjoyed impressive economic growth and became an attraction for the foreign investors. Foreign investors are mainly attracted by the natural resources, law-cost labor market and large Indonesia's domestic market. The goal of my thesis is to analyze the security of the foreign investment in Indonesia and in case of the dispute the protection of foreign investment. The introductory chapter deals briefly with the basic information about Indonesia and its history which influenced Indonesian law system during the past century. First chapter analyze the main issues which can be for foreign investors discouraging such as the legal uncertainty, corruption and untransparency of the law. The second chapter compares the interpretation of the 'investment' term from the viewpoint of the economic science reading and the legal view. Furthermore, it analyzes the term in case law of ICSID, in Indonesia law system and in the bilateral investment treaty between Indonesia and Czech Republic. The third chapter analyzes the multilateral and bilateral investment treaties by which Indonesia is bound and the Indonesian...

ABSTRACT “Almost all places are in trouble, but some are in more trouble than others" Kotler, Haider & Rein (1993) Kotler, Haider & Rein (1993) contend that all places are in trouble now, or will be in the near future. The onset of globalisation of the world's economy, country political dynamics and the accelerating pace of technological changes are some of the forces that require all places to learn how to compete on the world arena. Porter (1990) states that the framework for understanding a company’s sources of competitive advantage can be extended to the level of nations. It is basically concerned with the question as to why some nations succeed in global competition when others fail. Nations must learn how to think more like businesses if they are to survive and should begin by identifying their competitive advantages and building on them. As countries compete for inward investment, tourism and export of goods and services- success or failure can accurately be chartered, and questions of reputation, image, identity and hence marketing and branding become central to the competitive edge (Olins, 1999). Faced with the challenge of a negative image, a country must adopt a proactive stance to correct this image. This is where the question of country branding comes in. Branding a country for many is misconstrued and interpreted to simply mean designing a new logo for their country and possibly a slogan to go underneath it. However country-banding proponents highlight that there is a difference between nation branding and tourism promotion. It helps even less that there are so many communications agencies that perhaps frustrated by lack of pure strategy capacity to sell to governments, have fallen into the habit of i Sibonokuhle GUMPO - 34462481 pandering to this misconception and simply selling logos and slogans to any government prepared to buy them (Anholt, 2003). However faced with the urgent need to address the crippling impact of a negative image, countries like Zimbabwe cannot simply wait and expect things to turn out for the better. Kotler et al (1993) stress that places are not able to respond to negative images concerning their nations as quickly as negative perceptions are built, be it through media, word of mouth or other channels. As a result the importance of a pro-active response cannot be overemphasized. This study explores the current negative image of Zimbabwe and tries to define the root or source of this negative image. Having defined or spelt out what is thought to be the problem, the researcher than explores possible ways of how the stakeholders of Zimbabwe can rebrand their country reflecting on known success stories. Kotler et al (1993) contend that the central tenet of marketing places is that in spite of the powerful internal and external forces that buffet them, places have within their collective resources and people the capacity to improve their relative competitive positions. Zimbabweans in general believe that their situation has been sensationalised by the media and is not a reflection of what is on the ground. By adopting a proactive stance in rebranding their country, Zimbabweans will perhaps finally realise that when it comes to image, “being in possession of the truth is not enough, the truth has to be sold” (Anholt,all places are in trouble now, or will be in the near future. The onset of globalisation of the world's economy, country political dynamics and the accelerating pace of technological changes are some of the forces that require all places to learn how to compete on the world arena. Porter (1990) states that the framework for understanding a company’s sources of competitive advantage can be extended to the level of nations. It is basically concerned with the question as to why some nations succeed in global competition when others fail. Nations must learn how to think more like businesses if they are to survive and should begin by identifying their competitive advantages and building on them. As countries compete for inward investment, tourism and export of goods and services- success or failure can accurately be chartered, and questions of reputation, image, identity and hence marketing and branding become central to the competitive edge (Olins, 1999). Faced with the challenge of a negative image, a country must adopt a proactive stance to correct this image. This is where the question of country branding comes in. Branding a country for many is misconstrued and interpreted to simply mean designing a new logo for their country and possibly a slogan to go underneath it. However country-banding proponents highlight that there is a difference between nation branding and tourism promotion. It helps even less that there are so many communications agencies ABSTRACT “Almost all places are in trouble, but some are in more trouble than others" Kotler, Haider & Rein (1993) Kotler, Haider & Rein (1993) contend that all places are in trouble now, or will be in the near future. The onset of globalisation of the world's economy, country political dynamics and the accelerating pace of technological changes are some of the forces that require all places to learn how to compete on the world arena. Porter (1990) states that the framework for understanding a company’s sources of competitive advantage can be extended to the level of nations. It is basically concerned with the question as to why some nations succeed in global competition when others fail. Nations must learn how to think more like businesses if they are to survive and should begin by identifying their competitive advantages and building on them. As countries compete for inward investment, tourism and export of goods and services- success or failure can accurately be chartered, and questions of reputation, image, identity and hence marketing and branding become central to the competitive edge (Olins, 1999). Faced with the challenge of a negative image, a country must adopt a proactive stance to correct this image. This is where the question of country branding comes in. Branding a country for many is misconstrued and interpreted to simply mean designing a new logo for their country and possibly a slogan to go underneath it. However country-banding proponents highlight that there is a difference between nation branding and tourism promotion. It helps even less that there are so many communications agencies that perhaps frustrated by lack of pure strategy capacity to sell to governments, have fallen into the habit of i Sibonokuhle GUMPO - 34462481 pandering to this misconception and simply selling logos and slogans to any government prepared to buy them (Anholt, 2003). However faced with the urgent need to address the crippling impact of a negative image, countries like Zimbabwe cannot simply wait and expect things to turn out for the better. Kotler et al (1993) stress that places are not able to respond to negative images concerning their nations as quickly as negative perceptions are built, be it through media, word of mouth or other channels. As a result the importance of a pro-active response cannot be overemphasized. This study explores the current negative image of Zimbabwe and tries to define the root or source of this negative image. Having defined or spelt out what is thought to be the problem, the researcher than explores possible ways of how the stakeholders of Zimbabwe can rebrand their country reflecting on known success stories. Kotler et al (1993) contend that the central tenet of marketing places is that in spite of the powerful internal and external forces that buffet them, places have within their collective resources and people the capacity to improve their relative competitive positions. Zimbabweans in general believe that their situation has been sensationalised by the media and is not a reflection of what is on the ground. By adopting a proactive stance in rebranding their country, Zimbabweans will perhaps finally realise that when it comes to image, “being in possession of the truth is not enough, the truth has to be sold” (Anholt, / Graduate School of Business Leadership / MBL

ABSTRACT “Almost all places are in trouble, but some are in more trouble than others" Kotler, Haider & Rein (1993) Kotler, Haider & Rein (1993) contend that all places are in trouble now, or will be in the near future. The onset of globalisation of the world's economy, country political dynamics and the accelerating pace of technological changes are some of the forces that require all places to learn how to compete on the world arena. Porter (1990) states that the framework for understanding a company’s sources of competitive advantage can be extended to the level of nations. It is basically concerned with the question as to why some nations succeed in global competition when others fail. Nations must learn how to think more like businesses if they are to survive and should begin by identifying their competitive advantages and building on them. As countries compete for inward investment, tourism and export of goods and services- success or failure can accurately be chartered, and questions of reputation, image, identity and hence marketing and branding become central to the competitive edge (Olins, 1999). Faced with the challenge of a negative image, a country must adopt a proactive stance to correct this image. This is where the question of country branding comes in. Branding a country for many is misconstrued and interpreted to simply mean designing a new logo for their country and possibly a slogan to go underneath it. However country-banding proponents highlight that there is a difference between nation branding and tourism promotion. It helps even less that there are so many communications agencies that perhaps frustrated by lack of pure strategy capacity to sell to governments, have fallen into the habit of i Sibonokuhle GUMPO - 34462481 pandering to this misconception and simply selling logos and slogans to any government prepared to buy them (Anholt, 2003). However faced with the urgent need to address the crippling impact of a negative image, countries like Zimbabwe cannot simply wait and expect things to turn out for the better. Kotler et al (1993) stress that places are not able to respond to negative images concerning their nations as quickly as negative perceptions are built, be it through media, word of mouth or other channels. As a result the importance of a pro-active response cannot be overemphasized. This study explores the current negative image of Zimbabwe and tries to define the root or source of this negative image. Having defined or spelt out what is thought to be the problem, the researcher than explores possible ways of how the stakeholders of Zimbabwe can rebrand their country reflecting on known success stories. Kotler et al (1993) contend that the central tenet of marketing places is that in spite of the powerful internal and external forces that buffet them, places have within their collective resources and people the capacity to improve their relative competitive positions. Zimbabweans in general believe that their situation has been sensationalised by the media and is not a reflection of what is on the ground. By adopting a proactive stance in rebranding their country, Zimbabweans will perhaps finally realise that when it comes to image, “being in possession of the truth is not enough, the truth has to be sold” (Anholt,all places are in trouble now, or will be in the near future. The onset of globalisation of the world's economy, country political dynamics and the accelerating pace of technological changes are some of the forces that require all places to learn how to compete on the world arena. Porter (1990) states that the framework for understanding a company’s sources of competitive advantage can be extended to the level of nations. It is basically concerned with the question as to why some nations succeed in global competition when others fail. Nations must learn how to think more like businesses if they are to survive and should begin by identifying their competitive advantages and building on them. As countries compete for inward investment, tourism and export of goods and services- success or failure can accurately be chartered, and questions of reputation, image, identity and hence marketing and branding become central to the competitive edge (Olins, 1999). Faced with the challenge of a negative image, a country must adopt a proactive stance to correct this image. This is where the question of country branding comes in. Branding a country for many is misconstrued and interpreted to simply mean designing a new logo for their country and possibly a slogan to go underneath it. However country-banding proponents highlight that there is a difference between nation branding and tourism promotion. It helps even less that there are so many communications agencies ABSTRACT “Almost all places are in trouble, but some are in more trouble than others" Kotler, Haider & Rein (1993) Kotler, Haider & Rein (1993) contend that all places are in trouble now, or will be in the near future. The onset of globalisation of the world's economy, country political dynamics and the accelerating pace of technological changes are some of the forces that require all places to learn how to compete on the world arena. Porter (1990) states that the framework for understanding a company’s sources of competitive advantage can be extended to the level of nations. It is basically concerned with the question as to why some nations succeed in global competition when others fail. Nations must learn how to think more like businesses if they are to survive and should begin by identifying their competitive advantages and building on them. As countries compete for inward investment, tourism and export of goods and services- success or failure can accurately be chartered, and questions of reputation, image, identity and hence marketing and branding become central to the competitive edge (Olins, 1999). Faced with the challenge of a negative image, a country must adopt a proactive stance to correct this image. This is where the question of country branding comes in. Branding a country for many is misconstrued and interpreted to simply mean designing a new logo for their country and possibly a slogan to go underneath it. However country-banding proponents highlight that there is a difference between nation branding and tourism promotion. It helps even less that there are so many communications agencies that perhaps frustrated by lack of pure strategy capacity to sell to governments, have fallen into the habit of i Sibonokuhle GUMPO - 34462481 pandering to this misconception and simply selling logos and slogans to any government prepared to buy them (Anholt, 2003). However faced with the urgent need to address the crippling impact of a negative image, countries like Zimbabwe cannot simply wait and expect things to turn out for the better. Kotler et al (1993) stress that places are not able to respond to negative images concerning their nations as quickly as negative perceptions are built, be it through media, word of mouth or other channels. As a result the importance of a pro-active response cannot be overemphasized. This study explores the current negative image of Zimbabwe and tries to define the root or source of this negative image. Having defined or spelt out what is thought to be the problem, the researcher than explores possible ways of how the stakeholders of Zimbabwe can rebrand their country reflecting on known success stories. Kotler et al (1993) contend that the central tenet of marketing places is that in spite of the powerful internal and external forces that buffet them, places have within their collective resources and people the capacity to improve their relative competitive positions. Zimbabweans in general believe that their situation has been sensationalised by the media and is not a reflection of what is on the ground. By adopting a proactive stance in rebranding their country, Zimbabweans will perhaps finally realise that when it comes to image, “being in possession of the truth is not enough, the truth has to be sold” (Anholt, / Graduate School of Business Leadership / MBL

abstract: This study investigates three issues that are relevant for the development of multinational investment banks in China. The first is about the domestic market conditions that are necessary for a country to develop multinational investment banks. The second issue is about the degree to which China has met these conditions. The last issue focuses on the potential strategies Chinese investment banks can undertake to become multinational corporations. To address the first issue, I draw an important distinction between international investment banks and multinational investment banks. For an international investment bank to be regarded as a multinational, I propose that it must have a strong presence (i.e., holding at least one percent of the market share) in at least two of the seven major capital markets in the world. Using this criterion, I identify 25 multinational investment banks. I then analyze their home countries’ domestic market conditions and propose that the following six factors are important to the development of multinational investment banks: the size of the home country’s gross domestic product (GDP), the total capitalization of its domestic security market, the number of its Global 500 firms, the volume of its foreign direct investment (FDI), the internationalization of its currency, and the openness of its capital market to foreign investors. By comparisons, I find that China’s domestic market conditions are comparable to the home countries of multinational investment banks with respect to the size of GDP, total market capitalization, the number of Global 500 firms, and the volume of FDI. What China lags behind are the internationalization of currency and the openness of capital market to foreign investors. Given the current trends of development, it is very likely that China will be able to catch up on the latter within ten years, thus meeting all the conditions necessary for the development of multinational investment banks. Based on the above findings, I suggest that Chinese investment banks seize this historical opportunity, speed up the internationalization of their businesses, and learn from the experiences of global industry leaders to become truly multinational corporations. / Dissertation/Thesis / Doctoral Dissertation Business Administration 2015

This research examines and critically analyses to what extent the host states might use their sovereignty in a manner that may be counterproductive to the interests of foreign investors on their territory; and the role played by international investment law in its regulation. Further, it considers the extent to which investor-state arbitration, under both the inter-state bilateral investment treaty (BIT), and investment contract, can be used to rebalance the uneven investment relationship arising from the adverse effect of host state sovereignty. The importance of the investor-state arbitration is based on the fact that such a process will be of no value if its award is not enforceable against sovereigns. It is therefore argued that arbitration enforcement against states must be augmented by further safeguards mechanisms. Challenges are faced by international investment law to minimise the possible adverse effect of host state’s sovereignty, in order to require states to respect investment agreements. Responsibility will be asserted by a wronged foreign investor if the state breaches customary international law when it hosts the foreign investment and if there is a violation of the specific investment agreement. Such challenges expose the limitations on how states can use their sovereign powers (whether legal, economic or political), against foreign investors and question the clarity of such boundaries. An unsuccessful litigant state will often seek to resist award enforcement, claiming sovereign immunity against its execution. International investment law and applicable national and regional bodies must find a balance between the interests of the foreign investor and the host state. This research concludes that the adjudication system used in England provides a framework in which a foreign investor can seek recognition of its claim and thus enforce a foreign arbitral award against recalcitrant states, but improvements could still be made as explained in thesis.

En dépit des tensions régionales et de l'étroitesse de son marché intérieur, le Liban présente toujours de multiples atouts et le potentiel d'occuper une place pionnière en matière d'investissement international parmi les pays voisins. Pour la mettre effectivement en oeuvre, cette position requiert une volonté politique déterminée à cet effet. Or, cette politique doit nécessairement et impérativement être traduite par l'adoption d'une stratégie nationale de développement en vue de la mise en place d'un régime juridique compétitif favorable à l'investissement étranger de standards internationaux. Le régime juridique libanais actuel relatif aux investissements étrangers ne suffit pas pour achever cet objectif dû aux lacunes structurelles du système administratif et judiciaire. Dans le contexte actuel, les éléments considérés jadis comme facteurs d'attractivité du pays, tels que sa position géographique et son économie de marché libre, commencent à perdre de leur valeur en matière d'investissement international s'ils ne sont pas consolidés par une législation consciente favorisant l'investissement étranger. Aussi méritoires que soient les efforts d'attraction des investissements étrangers, il n'en reste pas moins que le degré d'attractivité du pays reste décevant dû à certains facteurs limitatifs et contraintes (les tensions provoquées par les agitations politiques internes et régionales). Or, ces obstacles semblent être les plus délicats à franchir et constituent sans doute une barrière à l'investissement international. Leur abolition apparaît comme un préalable incontournable pour l'attraction des investissements étrangers au pays. / Any investment project is basically an act of faith on the part of the foreign investors based on the actions of the host State. Despite regional tensions and the narrowness of its domestic market, Lebanon still has many strengths and potential to occupy a pioneer position compared to neighboring countries. However, such a position requires a determined political will which must be reflected by the adoption of a national development strategy for the establishment of a competitive legal regime open to foreign investment and adapted to international standards. In a general context marked by a decline in foreign direct investment, Lebanon must advocate a policy that is attractive and adapted to the needs and expectations of foreign investors. This would require: first, the reform of the current legal environment of foreign investment through the adaptation of the legal corpus, then the implementation of a plan for systematic development based on international standards. Thus, the priority of the Lebanese authorities should consist in ending any possible obstacle in the internal market towards foreign investment. Despite some advantages, the current Lebanese legal regime for foreign investment is not enough to complete this objective due to structural weaknesses of the administrative and judicial systems. The country's degree of attractiveness remains disappointing due to certain limiting factors and constraints (tensions caused by internal and regional political turmoil). These obstacles seem to be the most difficult to overcome. Their abolition appears as a key prerequisite for attracting foreign investment in the country.

Le rôle du droit international des investissements est bien connu dans le monde entier. Afin de développer l'économie interne d'un pays, nous avons besoin de fonds étrangers dans le cadre d 'un investissement et pour réaliser cet objectif, nous avons étudié la place des traités bilatéraux des investissements vis-à-vis de l'investisseur étranger. En réalité, nous proposons un modèle adéquat pour les traités bilatéraux des investissements (TBI) iraniens, malgré les défauts qui existent au sein de ces traités et qui résultent du droit interne. Nous comparons les TBI iraniens avec les TBI français et américains car, d'un côté, les sociétés américaines sont parmi les plus grands investisseurs étrangers dans le monde et de l'autre côté, le régime juridique français a influencé le droit iranien. / The role of international law is well known worldwide. To develop the domestic economy of a country, we need foreign within an investment and to achieve this goal, we studied the role of bilateral investment treaties vis-à-vis the foreign investor. In fact, we suggest a suitable model for Iranian bilateral investment treaties (BIT), despite the flaws that exist within these treaties and resulting from domestic law. We compare the Iranian BIT with the French and American BIT because, on the one other hand, US companies are among the largest foreign BIT because, on the other band, the French legal system has influenced Iranian law.

Au cours des 15 dernières années, la relation sino-africaine a profondément modifié le continent africain que de nombreux gouvernements occidentaux avaient abandonné. L'Afrique centrale possède de nombreuses matières premières notamment du pétrole, du cuivre, du cobalt et du minerai de fer. Beaucoup, y compris certains africains, soupçonnent ce qu'ils considèrent comme une prise de terre néocoloniale, dans laquelle l’état chinois illustré à travers ses 2200 entreprises, extraient des minéraux en contrepartie d'infrastructures. Néanmoins, il y a un consensus que la présence chinoise a surtout bénéficié à l'Afrique. Quelques chiffres illustrent le changement. En 2000, le commerce entre la Chine et l'Afrique était de seulement 10 milliards de dollars. En 2014, cela a augmenté de plus de 20 fois à 220 milliards de dollars, selon l'Initiative de recherche en Afrique de la Chine à l'École d'études internationales. Un intérêt qui se traduit par la présence d’acteurs chinois, publics et privés, de plus en plus nombreux, précisément dans les investissements directs (stocks de 10 à 45 milliards de dollars), selon les sources.Pourtant, il y a une inquiétude quant à la montée de l'influence chinoise. Plusieurs dirigeants politiques sont préoccupés par le fait que l'Afrique est passée récemment au déficit commercial avec la Chine. Les gouvernements africains contractent tellement de dette envers la Chine qu’ils pourraient occasionner une dépendance économique conditionnant l’avenir de leurs pays. Ma recherche explore l’incidence de la Chine sur le développement économique des pays d’ASS. Il s’agit de montrer comment les pays d’Afrique centrale notamment de la CEMAC qui accusent un retard comparé à d’autres régions d’ASS doivent se servir des changements complexes de l'économie chinoise pour doper leur croissance économique, dynamiser leur développement et attirer les investisseurs étrangers, créateurs d’emploi et acteur majeur de la dynamisation et de l’industrialisation des territoires. Nous avons analysé et comparé le choix du mode de localisation des IDE greenfield chinois et français en Afrique centrale. Nos résultats montrent le rôle décisif du potentiel marchand principal moteur des stratégies d’internationalisation des firmes chinoises en Afrique centrale. / Over the past 15 years, the Sino-African relationship has profoundly changed the African continent, which many Western governments have abandoned. Central Africa has many commodities including oil, copper, cobalt and iron ore. Many, including some African, suspect what they consider to be a neo-colonial landholding, in which the Chinese state illustrated through its 2,200 companies, extract minerals in return for infrastructure.Nevertheless, there is a consensus that the Chinese presence has mainly benefited Africa. A few figures illustrate the change. In 2000, trade between China and Africa was only $ 10 billion. By 2014, this has increased more than 20 times to $ 220 billion, according to the China Africa Research Initiative at the School of International Studies. An interest that is reflected by the presence of Chinese actors, public and private, more and more numerous, precisely in the direct investments (stocks of 10 to 45 billion dollars), according to the sources.Yet there is anxiety about the rise of Chinese influence. Several political leaders are concerned that Africa has recently shifted to the trade deficit with China. African governments are so indebted to China that they could cause economic dependence on the future of their countries.My research explores the impact of China on the economic development of SSA countries. The aim is to show how the countries of Central Africa, notably CEMAC, which lag behind other regions of SSA must use the complex changes in the Chinese economy to boost their economic growth and boost their development and attract foreign investors, job creators and a major player in the dynamization and industrialization of territories. We analyzed and compared the choice of the mode of location of Chinese and French greenfield IDEs in Central Africa. Our results show the decisive role of the main trading potential driving the strategies of internationalization of Chinese firms in Central Africa.

Foreign Direct Investment (FDI) is one of the factors that can influence the growth and development of the economy of a country, but on the other hand, it could have a negative effect if not regulated properly by the host country. States must ensure that FDI is properly regulated in the best interests of the country and the foreign investor itself. South Africa has reviewed its foreign investment legal framework and during this process, it terminated most of its bilateral investment treaties that previously regulated foreign investment in the country. In turn, it introduced the Protection of Protection of Investment Act that regulates both domestic and foreign investment. This study analyses the way in which national and international investment law affect FDI inflow and the economy of South Africa. The study also deals with the determinants of foreign investment in the host country and the extent to which they have an influence on the inflow of FDI. / Public, Constitutional and International Law / LL. M.