Not exact matches
Foreign investors hit the brakes last December, shortly after the Harper government approved the Nexen and Progress deals and the prime minister warned that future takeovers in the oilsands
by state - owned enterprises (SOEs) would be approved on only an exceptional basis.
By selling the bonds to Monaco, investors were trying to get around the 11th Amendment to the U.S. Constitution, which says, «The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.&raqu
By selling the bonds to Monaco,
investors were trying to get around the 11th Amendment to the U.S. Constitution, which says, «The judicial power of the United
States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United
States by citizens of another state, or by citizens or subjects of any foreign state.&raqu
by citizens of another
state, or
by citizens or subjects of any foreign state.&raqu
by citizens or subjects of any
foreign state.»
If actual investment in the United
States is far below desired investment, then transferring savings from abroad to reduce the gap between the two is matched
by a commensurate increase in investment; because productive investment makes the economy grow faster than it otherwise would have, a part of the increased productivity can go to pay
foreign investors and the bulk of it remain in the United
States.
Omitting or limiting these core provisions enabled the Chinese government to continue legislating in favour of Chinese
state - owned enterprises and avoided recourse to international arbitration
by foreign investors.
Debt held
by the public, such as Treasury securities held
by investors outside the federal government, including that held
by individuals, corporations, the Federal Reserve System and
foreign,
state and local governments.
The governor said the
state government had attracted over 100 industries to the
state due to its
investor - friendly policies, adding that a recent report released
by the Commonwealth Forum indicated the
state had 75 per cent of the
Foreign Direct Investment that came into the country.
I doubt that any legal system could extend the generous remedy made available to
foreign investors under the treaties to all
investors or indeed to all persons, each of whom can also be treated unfairly and inequitably
by the
state.
The latter, generally done
by the arbitration of complaints
by foreign investors against the non-compliant
state.
In the area of international disputes, Janis represents sovereign
states and their
state - owned corporations in
investor /
state disputes before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral forums and in lawsuits brought against her governmental clients in the U.S. courts, governed as to jurisdiction
by the U.S.
Foreign Sovereign Immunities Act.
The increasing importance of international investment has been accompanied
by the rapid development of a new field of international law that defines the obligations of host
states towards
foreign investors and creates procedures for resolving disputes in connection with those obligations.
representing a
state in an
investor -
state arbitration under ICC Rules commenced
by a
foreign investor and arising from an airport service agreement
The basic problem arises when a
foreign investor challenges a generally applicable regulation that was enacted
by the host
state as a good - faith attempt to promote the public interest.
To a
foreign investor affected
by such judicial measures, it is not always clear, however, what judicial measures (especially in countries like India with one of the most activist Supreme Courts in the world) can be subject to a claim under investment treaty law; which theory of liability is appropriate for a
state's liability arising out of judiciary's conduct (or omissions); and which policy issues these different theories of liability raise.
Legal claims brought against a Sovereign
State or its instrumentalities
by a
foreign investor under a bilateral or multilateral investment treaty, or a contract or a domestic investment law, require a legal team of the highest international caliber: with great expertise in international law, a deep understanding of the civil and common law systems, extensive experience in the various fora and rules under which claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the world.
The reason the inclusion of ISDS provisions is to provide
foreign investors the right to seek compensation for damages arising out of breaches of investment related obligations (such as Expropriation, Most Favoured Nation, National Treatment and Fair and Equitable Treatment)
by Host
State Governments.
Stated differently, NAFTA currently contains a mechanism that favors one party (
foreign investors) in a way that prevents signatory nations from enacting and enforcing laws approved of
by democratically elected representatives.
According to the 19th Annual
Foreign Investment Survey conducted
by the Association of
Foreign Investors in Real Estate (AFIRE), more than 60 percent of respondents said that the United
States is the country that offers the best potential for capital appreciation.
But the decision whether to buy or build a business in the United
States is also governed
by a host of factors — geographic, demographic, financial and industrial — that need to be studied
by foreign investors before making a commitment.