When Yes means Yes: Free, Prior & Informed Consent in ‘One Belt One Road’ Projects in the Framework of Transnational Investment Law and Arbitration
With the One Belt, One Road ('OBOR')'s routes crossing over politically fragile countries, the potential impact of OBOR investment projects on the rights of the local communities, including indigenous population, might generate a strong adverse reaction towards these projects. This, in turn, could have serious effects, including not only social, political, and financial implications, but also, and, indeed, especially breaches of fundamental rights, environmental harms of sorts, and even human life losses.
We first highlight the importance of local participation in decision-making on foreign investment projects in the context of transnational investment law and arbitration ('TILA'). We then delve into the different sources of international law to scope the right of indigenous peoples, and wider local population, to free, prior and informed consent ('FPIC') in the context of OBOR projects. Finally, we analyse the obligations on the host States and investors in relation to such a right to FPIC, particularly by drawing on recent jurisprudence in TILA.
Technological innovation plays a critical role in economic growth. The most advanced and new technologies are created by leading firms in developed countries. Global expansion, strategic outsourcing or off-shoring in leading companies has been growing to enrich their competitive advantage, while technology transfer of leading firms has been of more interest to emerging or developing countries for catching up and following the trajectory of economic growth proved in developed countries. Among various channels to acquire new technologies from leading firms, foreign direct investments (FDI) is one of the most effective channels through which technology can be transferred to subsidiaries in emerging markets. However, empirical study on the roles of technology transfer and the feedback loop from FDI remains still scarce. Thus, the purpose of this study is to analyze the effects of FDI on businesses in partial or complete foreign ownership, with a special emphasis on technology transfer, and to assess the impact of foreign companies on domestic firm performance through technology transfer from foreign companies. This paper aims at investigating the investment climate for foreign investments and intensifying technology transfers and innovations in the Croatian economy. 145 firms responded to the survey we conducted for foreign investment enterprises in Croatia. Structural equation model is employed to examine the hypotheses with respect to effects of FDI on innovation activities of domestic Croatian firms. This study identified critical factors affecting technology innovation to Croatian firms. The results provide empirical evidence that the innovation activities in subsidiaries have a positive influence toward technology transfer from multinational corporations.
AIB-SE is excited to announce its 2017 annual conference with the theme: Navigating (Anti)Globalism. Trade liberalization has stalled and coincided with a rise in protectionist and anti-globalist sentiment, e.g., Brexit, rejection of the TPP in the US, and opposition to the TTIP in the EU. These unanticipated and rapidly changing developments create uncertainty for global business leaders, who must now strategize on how to deal with consumers, governments, and markets in this new environment. A number of questions come to mind, e.g., How can foreign firms overcome protectionist sentiments among consumers and government regulators? How can/should domestic firms capitalize on them? What are the implications of negative sentiments towards immigration for expatriates and talent management? Will capital flows change due to political resentment?
The article analyzes the current trends of the investment process in the ASEAN countries. Results demonstrate that despite the slowdown in economic growth in East and South-East Asia, ASEAN economies remain the largest recipients of foreign capital, showing an increase in FDI inflows. At the same time the process of intra-regional integration is enhanced. Increasing liberalization makes it possible to increase the flow of investment in industry, traditionally closed to foreign capital. The result is a structural shift in the sectoral composition of FDI from production to the financial sector and the service sector.
In this CEIBS Center for Emerging Market Studies report, we take a deep dive to understand recent trends in emerging market multinationals. We provide country-level reports on key emerging market economies spanning three continents, including Brazil, China, Chile, Kazakhstan, Malaysia, Mexico, Peru, Poland, Russia and South Africa. For each country, we provide a ranking of the top 10 largest multinational companies, ranked according to their foreign footprint (foreign assets or foreign sales, according to data availability). We include data on the industry mix, geographical distribution of these firms' activities as well as underlying rationales for internationalisation. We ask how these firms have performed recently: Have they been able to grow their foreign sales? How have their asset positions changed? Finally, we discuss how local economic conditions as well as broader economic trends affect emerging market multinationals.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/