Download An Economic Analysis of Bilateral Investment Treaties by Jan Peter Sasse PDF

By Jan Peter Sasse

Bilateral funding Treaties (BITs) are a major device for the security of overseas direct funding (FDI). even though, in comparison to overseas exchange legislations, overseas funding legislations has to this point acquired in simple terms little study recognition from an financial perspective. via making use of a legislations and economics process, Jan Peter Sasse presents a scientific research of how BITs functionality. He explains why BITs are greater than only a sign, how they relate to institutional pageant in addition to to institutional caliber and why transparency is foreign funding arbitration is difficult to accomplish and should even dangerous.

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Important to understanding the problem with collateral is the payoff to the MNE. This payoff is relevant for the decision whether the MNE in the third stage decides to keep the collateral although the HC accommodated or if the MNE returns the collateral. The MNE will do the former if LM+X-T>CM. As X, the value of the collateral, represents a direct substitute for the promised performance, the inequality will often be true. The HC anticipates this and might not offer the collateral in the first place.

4 Union The method of union is another method to align divergent interests. 102 Obviously, the term union describes the situation where two parties merge or integrate to become a single party. 103 First, union can often not be completely achieved, meaning that it can usually not eliminate all conflicts of interest between the parties. Second, the method of union might, under some circumstances, increase the risk of exploitation in the short run, for instance through, as Kronman (1985) puts it, "the relaxation of defenses"104 vis-à-vis the partner in the union, which might entail sharing of information, etc.

This discussion illustrates that it would be inaccurate to simply imply that more FDI will lead to higher economic growth rates. However, FDI can indeed work as a vehicle for higher growth when certain host country characteristics and policies are met. Nevertheless, as a number of authors emphasise, FDI and MNE activity can also have a negative effect on certain host country variables. Some of these effects have already been mentioned, like the possible negative effect on host countries’ productivity.

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