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Performance Requirements and Investment Incentives Under International Economic Law

Elgar International Investment Law series

By (author) David Collins
Format: Hardback
Publisher: Edward Elgar Publishing Ltd, Cheltenham, United Kingdom
Published: 18th Dec 2015
Dimensions: w 145mm h 244mm d 12mm
Weight: 565g
ISBN-10: 1784712035
ISBN-13: 9781784712037
Barcode No: 9781784712037
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Synopsis
In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.Performance Requirements and Investment Incentives Under International Economic Law astutely links the debate surrounding the use of such tools to the rise of emerging markets as key participants in economic globalization. The industrialization of developing countries has led to an increased reliance on foreign direct investments as a method of growth, in turn giving rise to the implementation of various regulatory strategies. Innovatively focusing on the inter-relation between performance requirements and investment incentives, David Collins illustrates the problems caused by their differential control and considers some possible approaches to achieving effective oversight. Drawing on network governance theory, he considers a unified regime of governance, which would allow for more comprehensive and systematic evaluation. Detailed and informative, this book will prove a useful reference tool for both academic and practicing lawyers as well as providing an excellent grounding for students and scholars of international economic law and international investment law. Governmental policy analysts will find its accessible style highly rewarding.

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Mar 10th 2016, 22:56
CONTEMPORARY AND ANALYTICAL PERSPECTIVES ON INTERNATIONAL ECONOMIC LAW
Awesome - 10 out of 10
CONTEMPORARY AND ANALYTICAL PERSPECTIVES ON INTERNATIONAL ECONOMIC LAW

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

This latest title from Edward Elgar’s ‘International Investment Law’ series will be of interest to anyone professionally involved in investment law and concerned particularly, with its implications and its possible consequences within developing and developed economies alike.

The book’s major strength is that it offers precise and closely argued analysis of two important economic tools. As the title indicates, these are performance requirements and investment incentives. Usually, but not necessarily always, they are closely related. Together, or even separately (under favourable circumstances) they will obviously bring tangible economic benefits to emerging as well as mature economies, as for the most part, investment logically precedes development.

Investment incentives -- also obviously -- are put in place to encourage the investor to invest. In the context of this book, this generally refers to an inward flow of investment from foreign sources known as FDI (foreign direct investment) – and it is this which largely becomes the main focus of this book. At the same time, however the investor is required to fulfill a number of stipulated obligations – the performance requirements which the author David Collins discusses in detail.

Collins is a Professor of International Economic Law at the City Law School at a City University, London. ‘Investment incentives,’ he says, ‘can be defined as ‘any reasonable advantages accorded…. by a host government in order to encourage (investors) to engage in operations of a certain variety….’ But here is where ‘performance requirements’ intrude. These, adds the author, become conditions imposed on foreign investors which require them to achieve certain goals with respect to their commercial activities in the country, or countries in which they propose to invest.

If all this is beginning to sound a little complicated, Collins assures us that in this book the definitions of performance requirements and investment incentives will be applied quite loosely. (Well -- this seems sensible as no two situations are ever alike). Both these tools, however, are important to the economies of host states heavily dependent on foreign investment.

Here, the author expresses some bewilderment that this subject has attracted little or no scholarly attention from the academic legal community, which means, we gather, that up to now, there has been precious little literature which tackles this area of study in depth – so we must say, this carefully researched and extensively footnoted work of reference redresses the balance more than a little.

In an increasingly globalized world of business, the ramifications of -- and the linkages between -- performance requirements and investment incentives need to be better understood by policy makers as well as practitioners and academics. In particular, those engaged in international investment law will certainly welcome this informative contribution to the further understanding of the dynamics of international economic law and their impact on regulatory strategies.

The publication date is cited as at 2015.