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- KurzbeschreibungThis study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.
- AutorTalkmore Chidede
- VerlagAnchor Academic Publishing
- Seiten244 Seiten
- Gewicht392 g
- LeseprobeText sample:<br>Chapter 3 2 1 International treaty models on admission of investment:<br>UNCTAD has identified five practices or models that have mutually evolved in the present international investment treaties resulting from increasing pressure to liberalise investment. The five models include: investment control; selective liberalisation; regional industrialisation programme; mutual NT and combined NT and MFN. The said models present a point from complete state control over entry and establishment on the one hand, to entry and establishment rights subject to limited exceptions, on the other hand. It should be noted that these models are merely international legal and policy options surrounding the admission and establishment of FDI in host countries. Perhaps more importantly is that these models may play an educational role suggesting to governments various possible approaches that are generally acceptable.<br>3 2 1 1 Investment control:<br>The investment control model concedes restrictions and control on the admission of foreign investment in accordance with the host country's laws and regulations. Article 2 (1) of the SADC FIP reflects the investment control model. In this model, the host country has the discretion in deciding whether and on what conditions FDI may be admitted into its territory. Investment control model retains the host state's sovereign right, under CIL, to control the entry and admission of foreign investment within its territory. Investment control provisions are common to most BITs and IIAs. The WB Guidelines affirm state investment control and assert that each state retains the right to make regulations to govern the admission of foreign investments. The restrictions imposed by a host country in exercising the right of control to admit FDI may comprise of absolute restriction or limits on foreign presence or may involve discretionary authorisation, registration and reporting requirements.<br>3 2 1 2 Selective liberalisation:<br>The selective liberalisation model is suitable "where states do not wish to liberalise across the board but wish to follow controlled and industry-specific liberalisation in exchange for equivalent action by other states, where, after negotiation, it appears useful to do so." The selective liberalisation approach is well explained in Article XVI of the GATS. The Article articulates that a right of establishment exists where a member state makes specific commitments on market access. Thus, a member state is proscribed from imposing specific listed restrictions on the supply of services except where it explicitly specifies that it reserves such limitations
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