International Investment Law : An Alternative For Investment Protection And Promotion Of Investment

Every business organization has a social responsibility in ensuring that the environment it operates in is protected. Many companies have identified that they have a major role to play in protecting the natural habitat and ensuring that business is not only about making profits. Some organizations are setting aside funds that are developed in the protection of the environment while other organizations are setting a tree-planting day as part of their annual calendar. Companies have legal and ethical responsibilities that guide the organization in making sure that the environment is taken care of. The natural resource depletion and the environmental pollution have led to conservation groups setting rules that govern the company in utilizing natural resources.

Foreign investment is an important part of our economy. There are many benefits to foreign investment in any country. It would be very difficult or impossible today to close the doors to foreign investment. The fact is foreign investment is responsible for providing a great deal of needed capital in this country. This capital is an asset in the continuous modernization and expansion of our manufacturing and other productive facilities. Without investment in our factories and processes we would fall behind in the world market. These investments lead to increased competitiveness within the international community.

International trade is important and beneficial to business. However, international trade guides a safeguard of interests, specific business contract, defined law, forum of dispute settlement, and understanding of contract clauses. “A working knowledge of international law helps business owners and managers with global interests reduce risk and increase profits” (Melvin, 2011, P. 631). This enlightenment will address the international legal and ethical issues involved in international business transactions and compare such to domestic business operations.

Over the year’s organizations from, all parts of the world have experienced growth in the areas of business. Much of this growth is in part due to multinational companies, many of them enjoying significant benefits. One such area is investment, however it creates benefits for foreign MNCs, and it brings about concern. Perhaps the greatest fear. Fear concerning state owned corporations and the lack of effectiveness of legislation / regulatory enforcement.

After reading the first half of the text, I learned about the topics of globalization, economic development, international financial markets, and more. International business is relevant in almost all news articles today. Although I have learned a large measure of information from each chapter, I was mostly interested in chapter five’s topic of international trade which discussed how countries sell, purchase, or exchange goods across national boarders.

The international economic institutions refer to the Bretton Woods institutions which are the IMF and World Bank which were created after World War 2 and GATT was also created after the war and later became the WTO. I agree with the statement, due to the disproportionate amount of power held by Western countries compared to the rest of the world and the fact that these institutions attempt to press or force western neo-Liberal values on the rest of the world. In this essay I will go through each individual economic institution explaining how they serve western interests and how recent reforms have attempted to curb western powers within

International projects present multinational corporations with many complexities in organizing a profitable transaction structure.Foreign exchange risk is an underlying problem. Credit risk presents another challenge. Payment terms and the certainty of realizing them can be difficult points. Negotiations with foreign corporations and governments, and with agents and intermediaries, present additional challenges. An example of the demanding environment for global financial activities is presented in the case of "Avicular Controls and Pakistan Airlines". It is found in Cases in International Finance on page 40.

In the 1950s, exchange mediators developed a rich answer for a vexing issue: the hazard that poor nations would grab the oil fields, mines, and industrial facilities of Western enterprises that worked inside their outskirts. Dreadful of nationalization or other unforgiving treatment, multinationals were keeping down on speculation. Everybody lost. The appropriate response was to incorporate dialect in bargains indicating that question among financial specialists and governments would be settled by free referees, not courts in the nation where a difference emerged. That gave organizations certainty that their tasks were sheltered and unleashed trillions of dollars of cross-fringe speculation. Today there are around 3,000 settlements between

participants in this conference created three organizations to help regulate the international economy. The first is the International Monetary Fund (IMF) which was established with the idea of regulating monetary policy. One of the benchmarks of the IMF is the stabilization of exchange rates and the loaning of money to help stabilize countries with balance of payments deficits. The second organization established was the General Agreement on Tariffs and Trade (GATT) whose main focus was on a liberal trading order.

The four decades prior to World War One (WWI) and the three decades after World War Two (WWII) can be characterized as periods of great globalization and economic integration. As different parts of the world grew more interconnected, and the prosperity of one nation became tethered to the prosperity of another, many world actors searched for the right recipe of economic and political policies to help them weather the turbulent global market. In the first era, we see a focus on three pillars as the foundation for the world economic order. This included the gold standard, free trade, and the growth of international finance. In the second era, which proceeded WWII, similar policies were enacted as the world tried to learn from the mistakes made

Multilateral arrangements in the global economy such as IMF, GATT, G –7, as well as multi nation corporations frustrate states through threat of transfer pricing and relocating their production facilities (Goksel 2005).

The level of internationalisation around the globe has grown throughout the years, with advanced technologies the ease and ability to work with foreign countries has also grown. However, firms do not simply interact with each other with no outside party involvement; the government can be seen to play a large role in conducting international business. Governments continuously have the responsibility to act in the manner that they believe is best for their nation; this includes decisions regarding protectionism, which may serve to aid domestic industries but simultaneously hinder international business. It can be seen that governments do not always act in their nation’s best interest and are corrupt which can serve to increase the risks and costs of entering an international business environment. While these are examples in which the government makes international business difficult it can also be seen that the presence of a government is instrumental in creating international business effectiveness, whether this be through their legal system or from trade agreements. This makes the role the government plays paradoxical; as their involvement generally increases the risks and costs of firms seeking to internationalise, whilst simultaneously playing a significant role in creating international business effectiveness.

An important reason for this popularity is that States have consented in advance to compulsory dispute settlement by the WTO and also, but to a lesser extent, by ICSID arbitration. In the case of the WTO it is the WTO Dispute Settlement Understanding that confers compulsory jurisdiction on the WTO Dispute Settlement System; while in the case of ICSID a large number of States have consented in advance to ICSID jurisdiction over their disputes with investors by means of express provisions in Bilateral Investment Treaties. Moreover, an important additional reason for the widespread use of ICSID as a forum for international dispute settlement is that investors – who are in effect the substantive rights holders under Bilateral Investment Treaties – are often given the right to institute ICSID arbitration directly against the host State.

Different countries have different concerns that need to be preserved through exception provisions. In drafting the Multilateral Agreement on Investment (MAI), France and Germany tended to introduce cultural exception to protect the domestic cultural industry, while the US proposed including national security, governmental subsidy, governmental procurement, and support for ethic minority into exceptions. The discrepancy on the content of exceptions constituted determinant accelerating the failure of MAI negotiation.

1.The international financial institutions (IFIs) are central pillars and the architects of the global economy. The world bank and IMF were founded and funded by the United states after the second world war to build shattered world economy after the war and great depression of the 1930s (socialist alternative,). The creation of the IFIs was to bring about a global economy after the “isolation economy” which some argue brought about the Second World War. The IFIs were to help the economy of the less developing countries (LDCs) to bring about growth and development, a phenomenon known as globalization.