The global governance of foreign direct investment: madly off in all directions
Dialogue on Globalization
Friedrich-Ebert Foundation Occasional Paper
N° 19 / May 2005
28 pages
Luke Eric Peterson
The Global Governance of Foreign Direct Investment:
Madly Off in All Directions
Table of Contents
1. Executive Summary
2. Multilateral Failures and Bilateral Successes
3. Contents of Bilateral Investment Treaties
4. Settlement of International Disputes Between Foreign Investors and States
5. Trends in Use of Investment Treaties
6. Unforeseen Policy Implications of Treaty Commitments
6.1 The Prospect for Conflicting Rulings and Interpretations
6.2 Restrictions on the Privileging or Subsidization of Local Industries
6.3 Limits Upon a Government’s Taxation Powers
6.4 Public Interest Regulation as a Form of Expropriation
6.5 Positive Discrimination to Remedy Past Injustices
6.6 Summary of Policy Implications
7. Broader Considerations
8. Conclusion