19 Nov 2013
Investment Treaties as Corporate Law
Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’ reflective loss is incurred as a result of injury to "their" company, typically a loss in value...
30 July 2013
Lessons from Investment Policy Reform in Korea
As more and more countries seek to liberalise their foreign investment regimes to attract global flows of foreign direct investment (FDI), an essential question for policy-makers is no longer just what to reform but also how to reform. How is a reformist government to sell the idea of reform to...
29 May 2013
China Investment Policy
This working paper examines China’s investment policy since the publication of the 2008 OECD Investment Policy Review of China. China remains the largest recipient of FDI among developing countries and FDI continues to play a disproportionately large role in promoting China’s trade, investment...
31 Dec 2012
Investor-State Dispute Settlement
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
14 Dec 2012
Dispute Settlement Provisions in International Investment Agreements
Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.
This statistical survey of a large sample of 1,660 bilateral investment...
12 June 2012
Corporate Greenhouse Gas Emission Reporting
This paper provides an overview of current government schemes promoting corporate reporting of greenhouse gas (GHG) emissions and analyses their main building blocks. It describes the drivers and challenges for governments, companies and investors in dealing with GHG reporting and includes 4...
01 Sep 2011
Defining and Measuring Green FDI
This paper was developed at the request of the OECD Working Party of the Investment Committee to document efforts to date to define and measure green FDI and to investigate the practicability of various possible definitions, as well as to identify investment policy restrictions to green FDI. It...
01 June 2011
Environmental Concerns in International Investment Agreements
International investment agreements define commitments on investment protection, but also shed light on how these commitments are to be integrated with other public policy objectives. Investment protection in the context of environmental regulation has been a frequent source of controversy and...
01 Aug 2010
OECD's FDI Restrictiveness Index
The 2010 update of the FDI Restrictiveness Index (FDI Index) expands the sectors covered and revises the way in which FDI measures are scored and weighted. The FDI Index is now available for all OECD Members, adherents to the Declaration on International Investment and Multinational...
01 Aug 2010
Foreign State Immunity and Foreign Government Controlled Investors
Discussions at the "Freedom of Investment" Roundtables, hosted by the OECD Investment Committee, have stressed that increased investments by foreign State-controlled investors can bring significant benefits to home and host societies, but have also noted that they can raise concerns. This paper...
01 May 2010
Intellectual Property Rights in International Investment Agreements
This article provides an overview of recent developments in investment treaty practice with regard to the protection of intellectual property rights (IPRs). The analysis departs from traditional IPR studies developed almost exclusively in the context of the WTO-TRIPS Agreement. The aim of this...
01 Dec 2006
OECD's FDI Regulatory Restrictiveness Index
This paper provides a revised measure of regulatory restrictions on inward foreign direct investment
(FDI) for OECD countries and extends the approach to 13 non-member countries. The methodology is
largely similar to that adopted in the previous version of the OECD indicator and covers three...
01 Oct 2006
Interpretation of the Umbrella Clause in Investment Agreements
This paper was prepared by Katia Yannaca-Small, Legal Advisor, Investment Division,
Directorate for Financial and Enterprise Affairs, OECD. Thanks are due to Catriona
Paterson, a consultant to the Investment Division, for research input.
It has been developed as an input to the Investment...
01 Mar 2006
Investor-to-State Dispute Settlement in Infrastructure Projects
This paper was prepared in the context of the Investment Committee’s project on International Investor Participation in Infrastructure. It summarises information available in the public domain about investor-state dispute settlements in the infrastructure sectors. The document as a factual...
01 Feb 2006
Improving the System of Investor-State Dispute Settlement
Investor-state dispute settlement mechanisms embodied in most investment treaties provide
rights to foreign investors to seek redress for damages arising out of alleged breaches by host governments of investment-related obligations. The system of investment dispute settlement has borrowed its...
01 Sep 2005
Corporate Responsibility Practices of Emerging Market Companies
Emerging market companies make up 3.8 per cent of the FT500, the 500 largest global traded
companies1 and 4.6 per cent of the Dow Jones Global Index of 2,500 companies. OECD statistics show that, while the bulk of international investment flows originate in the OECD, non-OECD countries are...
01 Sep 2005
Multilateral Influences on the OECD Guidelines for Multinational Enterprises
The OECD Guidelines for Multinational Enterprises (the "Guidelines") are one of many intergovernmental instruments that seek to promote economic, social and environmental progress. The OECD Guidelines do this by establishing concepts and principles for responsible business conduct that help "to...
01 May 2005
Transparency and Third Party Participation in Investor-State Dispute Settlement Procedures
The present document surveys the issues related to transparency and third party participation in investor-state dispute settlement procedures. Section I examines the way in which the current rules apply to these issues. Section II describes the steps taken to improve the transparency of the...
01 Dec 2004
Mobilising Investment for Development
The Vietnamese economy was in the doldrums in the 1980s and until a certain progress had been made in the context of Doi Moi there was little incentive for businesses to invest. The following reasons are commonly given for the sluggish economic activity: a lack of appropriate infrastructure...
01 Nov 2004
ODA and Investment for Development
The present paper was prepared in the context of a joint project between the OECD Investment Committee (IC) and Development Assistance Committee (DAC) on Official Development Assistance and Investment for Development. It responds to discussions at the IC-DAC Workshop on Synergies between ODA...
01 Sep 2004
"Indirect Expropriation" and the "Right to Regulate" in International Investment Law
It is a well recognised rule in international law that the property of aliens cannot be taken, whether for public purposes or not, without adequate compensation. Two decades ago, the disputes before the courts and the discussions in academic literature focused mainly on the standard of...
01 Sep 2004
Fair and Equitable Treatment Standard in International Investment Law
The obligation to provide "fair and equitable treatment" is often stated, together with other standards, as part of the protection due to foreign direct investment by host countries. It is an "absolute", "non-contingent" standard of treatment, i.e. a standard that states the treatment to be...
01 Sep 2004
Most-Favoured-Nation Treatment in International Investment Law
Bilateral and regional investment agreements have proliferated in the last decade and new ones are still being negotiated. Most-Favoured-Nation (MFN) clauses link investment agreements by ensuring that the parties to one treaty provide treatment no less favourable than the treatment they...
01 May 2004
Relationships between International Investment Agreements
International, bilateral and regional agreements have proliferated in the last ten years to twenty years and new ones are still being negotiated. It is thus virtually certain that for some more time to come international investment disciplines will continue to co-exist side by side with...
01 June 2003
Business Approaches to Combating Corrupt Practices
The international business community’s anti-corruption efforts are essential parts of broader systems for fighting corrupt business practices. These also include formal law enforcement, where an appropriate regulatory framework is already in place, and regulatory and other public sector reform,...
01 Mar 2003
Incentives-based Competition for Foreign Direct Investment
The general benefits of attracting foreign direct investment (FDI), and the potential of FDI as a tool for regional economic development in particular, are commonly recognised by policy makers and analysts. A recent study prepared under the auspices of the OECD Committee on International...
01 June 2002
Managing Working Conditions in the Supply Chain
The expanding geographical sweep of supply chains reflects important advances in the area of logistics management. Some of these advances are linked to progress in computing, telecommunications and robotics technologies as well as to the accumulation of management expertise. Managers have...
01 May 2002
Multinational Enterprises in Situations of Violent Conflict and Widespread Human Rights Abuses
In response to enquiries about foreign investment in Myanmar, the Committee for International Investment and Multinational Enterprises (CIME) asked the Secretariat to prepare a paper, under the responsibility of the latter, that would provide background information to interested parties. This...
01 May 2001
Codes of Corporate Conduct
Based on a slight extension of the inventory of 233 codes of corporate conduct collected for an earlier study (TD/TC/WP(98)74/FINAL), this paper takes a more in-depth look at the contents of the codes with respect to issue coverage and code implementation procedures.The main findings of this...
01 Dec 2001
The OECD Guidelines and Other Corporate Responsibility Instruments
The OECD Guidelines are recommendations by governments to multinational enterprises (MNEs) operating in or from the 33 countries that adhere to the Guidelines. The Guidelines help ensure that MNEs act in harmony with the policies of countries in which they operate and with societal...
01 Feb 2001
Public Policy and Voluntary Initiatives
Government involvement in "voluntary" initiatives for corporate responsibility has been extensive. This chapter reviews four main types of involvement -- legal and regulatory incentives, tax expenditures on the NGO sector, contributions to compliance expertise and moral suasion.The most...
01 Feb 2001
Making Codes of Corporate Conduct Work
Many companies have implemented programmes that help them to respond to societal concerns about the economic, social and environmental impacts of their activities. These help them to manage their compliance with legal or regulatory requirements and their response to "softer" forms of social...
01 Feb 2001
In the ongoing public debate on globalisation, concerns have been expressed about the economic, social and environmental impacts of deepening international trade and investment ties and about the activities of the multinational enterprises. These concerns focus on a variety of issues including...
01 Feb 2001
Private Initiatives for Corporate Responsibility
Voluntary initiatives in the area of corporate responsibility have been among the major trends in international business in recent years. Business surveys show that most large OECD-based multinational enterprises have participated in this trend in one way or another. These initiatives involve,...
01 Nov 2000
Recent Trends, Policies and Challenges in SEE Countries
In the wake of the Balkan crisis, the Central and East European transition countries have been put into two groups, the seven South-East European countries (SEEC-7) and the five Central European countries (CEEC-5). SEEC-7 have not only been more immediately affected by the crisis but also show...
01 Dec 2000
Main Determinants and Impacts of Foreign Direct Investment on China's Economy
The present note summarises the main findings of the research conducted under the auspices of the OECD/MOFTEC Co-operation Programme on Foreign Direct Investment (FDI) between the fall 1999 and the spring 2000 on Main Determinants and Impacts of FDI on China’s Economy. The OECD/MOFTEC...
01 July 2000
The present study was prepared in the third quarter of 1999 as a background study to a Conference organised by the OECD Committee on International Investment and Multinational Enterprises (CIME), in collaboration with the Centre for Co-operation with Non-Members and with the support of the...
01 Apr 2000
Investment Patterns in a Longer-Term Perspective
Reports on trends in international direct investment tend to focus on recent developments. While such information is clearly of most relevance for policymakers and others interested in the pace and scale of globalisation, it fails to provide any perspective on the nature of globalisation...
01 Mar 2000
Business Approaches to Combating Bribery
Bribery is becoming a high priority public concern and the legal framework and enforcement apparatus used in the fight against it are being developed in the OECD and elsewhere. Reflecting these civic and legal pressures, firms now often deal with bribery in their codes of corporate conduct –...
01 Nov 1999
Rules for the Global Economy
This paper explores the differences, similarities and synergies between voluntary and binding approaches to international rules. Voluntary efforts to ensure that firms adhere to appropriate standards of business conduct have been an important recent development in international business. These...
01 Nov 1999
Deciphering Codes of Corporate Conduct
Evidence of public concerns about globalisation is pervasive -- in the newspapers, on the Internet and more formal discussions of public policy. The business community has been attempting to position itself with respect to these concerns. Indeed, voluntary efforts to define and implement...
01 Jan 1999
At a time of continuing financial crisis in Asia, the question of the appropriate policies for recovery and for future sustainable development is paramount. One area of particular importance is the treatment of foreign investors. Foreign direct investment (FDI) has played a leading role in many...
01 Jan 1998
Survey of OECD Work on International Investment
International direct investment is increasingly recognised as an engine of economic growth and a powerful force for global integration. The OECD has long been active in analysing the implications of such forces and in influencing the design of appropriate policies for a global economy. This...