Critically Evaluate the International Investment Laws of a Country
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” Critically evaluate the international investment laws of a country of your choice. How has this legal regime affected foreign direct investment to and from this country? ”
In United Kingdom, in order to regulate the foreign investment there is no domestic legal framework. However, in order to govern the international investments there are several regulations and rules which can be located in several statutory instruments and various enactments. It is the legislative frame work of the United Kingdom that mainly guides the international investment laws and its impact on the foreign direct investments .
The present paper has made an analysis on international investment laws of United Kingdom and it also explains how the legal regime has affected the foreign direct investment to and from the chosen country .
The paper is divided into two heads. Head one discusses international investment law that is prevalent in the country and head two analyses the effect of the international investment laws on the Foreign Direct investment to and from the United Kingdom.
The paper is prepared by conducting intensive research from both the primary and secondary sources.
The paper is concluded in the end with bibliography.
International Investment laws in United Kingdom
As submitted in the introductory paragraph that there is no domestic legal framework which govern the investment laws in United Kingdom. However, in order to govern the international investments there are several regulations and rules which can be located in several statutory instruments and enactments. All such regulatory instruments and rules are analysed herein below. It is only after the analysis of international investment laws in the United Kingdom an analysis can be drawn as how such legal rules have an impact on the Foreign Direct Investment .
Basically the two regulatory instruments that are discussed are the Investment treaties and membership of European Community
The foremost legal regime that governs international investment laws in the United Kingdom is the Bilateral Investment Treaties (BITs). There are numerous bilateral treaties that are entered by the United Kingdom with several countries. The number of bilateral treaties is amongst hundreds and all the treaties that are currently active can be located from the web link of Foreign and Commonwealth Office. It is in 1975 that the first BIT was formulated between the United Kingdom and Egypt. The same was entered by the government of Northern Ireland and Great Britain with the government of Egypt and the main aim of the BIT was the protection and promotion of Investments. When compared to the other European countries, it can be submitted that the BIT concept was much prolonged and delayed . Though in the latter half of 1970 there are few BITs that were entered by the United Kingdom with Indonesia, Singapore, Jordan and Thailand.
It is around in the mid 1990 that the expansion of BIT took place and United Kingdom has entered into such treaties with the other countries. The main reason for the expansion is the disintegration of the Soviet Union and numerous prospects that were available in the Eastern and the Central Europe market . The investment agreements that were entered by the United Kingdom were mainly based on the Performa that was established by it in 1990 when an investment agreement was entered by it with country X which was entered for the promotion and protection of investments .
When the Bilateral Investment Treaties are analysed it is submitted that the investment treaties have granted significant protection and safeguard to the investors however a very limited effect has been analysed within the legal framework of the United Kingdom. This can be specified by stating that the approach that is adopted by United Kingdom while integrating its international treaty obligations in its domestic law is a dualistic approach . This implies that the opportunities that can be availed by the investors are very limited by relying on the bilateral investment treaty in the national courts of the United kingdom unless and until such bilateral investment treaty is put into service a statutory enactment or instrument.
Membership of European Community and the investment protection
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