Footnote:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 30, 2019 erstellt
Description:
How can foreign direct investment contribute to fulfil the right to development and realize some of the UN Sustainable Development Goals? The chapter consider this question by focusing on the role of international law and intergovernmental institutions that deal with three aspects of foreign direct investment: the transboundary flows of investment, protection of foreign investors and their investment once established in another country, and the responsibility of foreign investors for harm caused by their investment. Issues that concern transboundary flows of foreign direct investment are examined on the basis of WTO rules on trade in services, in particular commitments concerning commercial presence in the context of market access and national treatment, and on trade in goods under the Agreement on Trade-Related Investment Measures, as well as rules in bilateral and multilateral investment agreements aiming at facilitating flows of foreign direct investment among treaty parties. Issues that concern protection of foreign direct investment are studied based on bilateral and a few multilateral investment treaties as well as investment chapters in free trade and economic cooperation agreements. The extent to which these agreements offer effective protection of investors or investment depends extensively on investors' ability to bring cases to international tribunals in order to achieve economic compensation for treaty violation. Issues regarding the responsibility and liability of foreign investors are considered on the basis of the limited range of treaties and soft law instruments that have been adopted since the 1970s