Collected Courses of the Hague Academy of International Law

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Legal Problems of Foreign Investments (Volume 153)

(30,373 words)

Author(s): I. Nwogugu, E.
I. Nwogugu, E. Keywords: Foreign direct investment | International law | Mots clefs: Investissement | Droit international privé | ABSTRACT Professor Nwogugu devotes his course to the legal problems related to foreign investments of which the States are in great need. After a study of incentives to investments (especially legal incentives), the author focuses on the protection of foreign investment. He then proposes a review of investment contracts and reparations for injury to private property. The author then focu…

The Convention and Centre for Settlement of Investment Disputes (Volume 374)

(37,183 words)

Author(s): R. Parra, Antonio
R. Parra, Antonio Keywords: International Centre for Settlement of Investment Disputes | Foreign direct investment | International arbitration | Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington, D.C., 18 March 1965) | Mots clefs: ABSTRACT In this course, the author sheds light on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and the work of the organization established by the Convention, the International Center for Settlem…

The Multilateral Investment Guarantee Agency (MIGA) and the Legal Treatment of Foreign Investment (Volume 203)

(84,055 words)

Author(s): F. I. Shihata, Ibrahim
F. I. Shihata, Ibrahim Keywords: Multilateral Investment Guarantee Agency | Foreign direct investment | Protection | Mots clefs: Agence multilatérale de garantie des investissements | Investissement | Protection | ABSTRACT Ibrahim Shihata, Vice-President and General Counsel at the World Bank, proposes in his course a systematic study of the Multilateral Investment Guarantee Agency (MIGA) and its role in the legal treatment of foreign investment. After a historical review of the establishment of the agency, the author examine…

Legal Problems of Private International Business Enterprises: an Introduction to the International Law of Private Business Associations and Economic Development (Volume 118)

(37,318 words)

Author(s): P. Felicjano, Florentino
P. Felicjano, Florentino Keywords: Multinational enterprises | Foreign direct investment | Economic development | International law | Mots clefs: Entreprises internationales | Investissement | ABSTRACT Florentino Feliciano devotes his course to the Legal Problems of International Business Enterprise. In a first part of his course, the author presents the framework of this study, focuses on the process of the private foreign investment, then on the rights claimed in the context of the investment. In the second part of hi…

The Problems of Foreign Investment in International Law (Volume 102)

(9,711 words)

Author(s): RT. HON. Lord Shawcross, Q.C., The
RT. HON. Lord Shawcross, Q.C., The Keywords: Foreign direct investment | Mots clefs: Investissement | ABSTRACT H.W. Shawcross devotes this discourse to the problem of foreign investment. The author advocates the conclusion of a multilateral treaty for the protection of foreign investment which would seek to reaffirm the most basic and fundamental principles accepted in this field, in particular the rules on compensation and the inviolability of contracts. H.W. Showcross consacre ce discours au problème des investissements à l'étranger. Il plaide pour la conclusi…

Protection of Investment in the Context of Petroleum Agreements (Volume 204)

(56,937 words)

Author(s): Z. El Chiati, A.
Z. El Chiati, A. Keywords: Oil | Concessions | Foreign direct investment | Protection | Mots clefs: Pétrole et produits pétroliers | Concessions | Investissement | Protection | ABSTRACT A.Z. El Chiati, Legal Counsel at Amoco Corporation, in London, has set the objective to his course to examine the guarantees offered by governments of developing countries in Africa and Middle East to encourage exploration and exploitation of petroleum in their countries. In most cases, the State agrees to include protective clauses in their…

Le problème des investissements a l’étranger en droit international (Volume 102)

(9,840 words)

Author(s): Shawcross, H.W.
Shawcross, H.W. Keywords: Foreign direct investment | Mots clefs: Investissement | ABSTRACT H.W. Shawcross devotes this discourse to the problem of foreign investment. The author advocates the conclusion of a multilateral treaty for the protection of foreign investment which would seek to reaffirm the most basic and fundamental principles accepted in this field, in particular the rules on compensation and the inviolability of contracts. H.W. Showcross consacre ce discours au problème des investissements à l'étranger. Il plaide pour la conclusion d'un traité …

Bilateral Treaties and Multilateral Instruments on Investment Protection (Volume 269)

(84,067 words)

Author(s): Sacerdoti, Giorgio
Sacerdoti, Giorgio Keywords: Foreign direct investment | Treaties | Mots clefs: Investissement | Traités | ABSTRACT In this course, Giorgio Sacerdoti examines and assesses the developments in bilateral treaties and recent initiatives as to multilateral instruments dealing with the promotion and protection of international investments. Investments from abroad have diversified in terms of type, sectors, and countries involved. These changes, in particular, have affected the role of developing countries as recipie…

Internationalization of the Practice of law and Important Emerging Issues for Investor-State Arbitration Opening Lecture, Private International Law Session, 2011 (Volume 354)

(19,478 words)

Author(s): B. Lamm, Carolyn
B. Lamm, Carolyn Keywords: Foreign direct investment | International commercial arbitration | International arbitration | International dispute settlement | International Centre for Settlement of Investment Disputes | International arbitral awards | Cases | Mots clefs: ABSTRACT Globalized practice requires an understanding of international law, comparative law, and national laws. In this course, the author addresses briefly the ways in which US courts and other national courts have long sought to address the uncertain relationship…

Intellectual Property: Cross-Border Recognition of Rights and National Development (Volume 372)

(22,745 words)

Author(s): Sinjela, Mpazi
Sinjela, Mpazi Keywords: Developing countries | Patents | Trademarks | Copyright law | New varieties of plants | Traditional knowledge | Intellectual property | International trade | Foreign direct investment | Economic development | Mots clefs: ABSTRACT Developed countries have used intellectual property to further their economic agenda for wealth creation to achieve national development. The author examines the thesis that intellectual property is a promoter of wealth creation for national development. To arrive at this conclusio…

La théorie du contrat d’État et l’évolution du droit international des investissements (Volume 302)

(76,189 words)

Author(s): Leben, Charles
Leben, Charles Keywords: Foreign direct investment | State contracts | Law of contracts | Private international law | International arbitration | Mots clefs: Investissement | Contrats d'Etat | Droit des obligations | Droit international privé | Arbitrage international | ABSTRACT A contract of State, explains Professor Leben, is an official report drawn up between the State and a foreign body with regards to an international economic operation, that generally, but not necessarily, concerns an investment. This matter has evolved conside…

Legal Trends in International Lending and Investment in the Developing Countries (Volume 180)

(55,616 words)

Author(s): O. Adede, A.
O. Adede, A. Keywords: Developing countries | Foreign direct investment | International financial law | Mots clefs: Pays en voie de développement | Investissement | Droit international financier | ABSTRACT O.A. Adede's course on Legal Trends in Lending and Investment in Developing Countries is divided into two parts. In the first part, the author examines trends in the legal framework for international lending in developing countries. In the second part, he focuses his attention on the legal aspects of transnational contract…

The Public International Law Regime Governing International Investment (Volume 344)

(142,300 words)

Author(s): Enrique Alvarez, José
Enrique Alvarez, José Keywords: Foreign direct investment | Public international law | Legal regime | Economy | Globalization | Sovereignty | United States of America | Bilateral investment treaties | Argentina | Mots clefs: Investissements directs à l'étranger | Droit international public | Régime juridique | Economie | Mondialisation | Souveraineté | Etats-Unis d'Amérique | Traités bilatéraux d'investissement | Argentine | ABSTRACT This course considers the ramifications of the legal regime that governs transborder capital flows. This regime consists pri…

L’évolution des sources du droit des investissements (Volume 250)

(72,693 words)

Author(s): Juillard, Patrick
Juillard, Patrick Keywords: Foreign direct investment | Sources of law | Law | Mots clefs: Investissement | Sources | Droit | ABSTRACT In this course, Patrick Juillard, Professor at the Univeristy of Paris I, does not investigate the evolution of investment law as such, but rather at the evolution of the sources of investment law. The course is split in two unequal parts, explains Professor Juillard, because after all, and from a chronological point of view, they cover two periods of unequal importance. Indeed, as th…

Arbitration and State Contracts (Volume 374)

(13,885 words)

Author(s): V. M. Struycken, A.
V. M. Struycken, A. Keywords: State contracts | Foreign direct investment | Lex fori | International arbitration | Public international law | International economic relations | International Centre for Settlement of Investment Disputes | Mots clefs: ABSTRACT In this course, the author first highlights the situation that prevailed after World War II when the need for protecting and stimulating world economy was recognized and new institutions were created on the basis of conventions and treaties. Next, he deals with the issue of pro…