Protecting foreign investment : implications of a WTO regime and policy options

목차 (Table of Contents)

• CONTENTS
• Tables, figures and boxes = ⅸ
• Abbreviations = ⅹ
• Preface = xii
• 1 Introduction = 1
• The context and objectives = 1
• The chapter layout = 3
• Part one FDI, development and national and international policy framework
• 2 Foreign direct investment, host government policy and development = 7
• Trends and patterns in FDI inflows and the North-South divide = 7
• FDI inflows to developing countries = 11
• Developmental impact of FDI on the host economies : a selective review of the literature = 13
• FDI, growth and domestic investment : empirical evidence = 14
• Knowledge spillovers and productivity improvements = 17
• Effect of FDI on host country market sturctures or the level of competition = 20
• Role of government policy and performance requirements : experiences and evidence = 23
• Trade policy = 24
• Selective FDI polices = 24
• Performance requirements = 24
• Investment incentives = 26
• Competition policy = 27
• Concluding remarks = 27
• 3 Multilateral Agreements on Investments : a historical background = 29
• Need for international intervention = 29
• Types of international intervention = 30
• Regulatory interventions = 31
• Initiatives of the United Nations = 31
• UNCTAD'S Codes of Conduct on technology transfer and restrictive business practices(RBPs) = 33
• ILO Tripartite Declaration = 35
• OECD Guidelines for MNEs = 36
• Promotional interventions = 36
• World Bank-sponsored agreements on investment = 36
• Multilateral trade negotiations and investment = 38
• Concluding remarks = 42
• Appendices
• 1 Draft United Nations Code of Conduct on Transnational Corporations as of Summer 1986 = 44
• 2 Multilaterally agreed equitable principles and rules for the control of restrictive business practices = 64
• Part two The Agreement on Trade-Related Investment Measures and developing countries
• 4 The Agreement on Trade-Related Investment Measures = 69
• Negotiating TRIMs in the Uruguay Round = 69
• Provisions of the TRIMs Agreement = 75
• Preamble = 75
• Coverage = 75
• Relationship with Gatt 1994 = 75
• Illustrative list = 76
• Exceptions = 77
• Notification = 77
• Transparency = 78
• Committee on TRIMs = 79
• Dispute settlement = 79
• Review = 79
• Concluding remarks = 79
• 5 Implications of the TRIMs agreement for developing countries and the way forward = 82
• Interpretation and implementation of the TRIMs Agreement = 82
• Coverage of TRIMs = 82
• Mandatory and advantagerelated TRIMs = 83
• Foreign and domestic investment = 84
• Relationship with GATT 1994 = 84
• Relationship with the Agreement on Subsidies and Coutervailing Measures = 85
• Relationship with the GATS = 86
• Application of the transitional period = 87
• Activities of the Committee on TRIMs = 90
• An assessment of the TRIMs Agreement = 91
• Development impact of TRIMs = 92
• Use of policies similar to LCR in the industrialized countries = 93
• TRIMs and control of RBPs = 96
• One-sided approach to trade-restrictive policies = 96
• No phasing out of investment-distorting investment incentives = 99
• Reviewing the TRIMs Agreement = 100
• Definition and effects = 102
• Pruning the illustrative list = 102
• Strengthening the development dimension = 103
• Phasing out the trade-distorting restrictive conditions imposed by corporations = 104
• Resisting the expansion of the scope of the Agreement = 104
• Patr three Multilateral frameworks on investment : early attempts and relevance
• 6 Attempts to evolve a Multilateral Treaty on Investment : the OECD's MAI = 109
• Main elements of the draft MAI = 109
• Scope = 111
• Pre - and post-establishment national treatment = 112
• Coverage = 113
• Performance requirements = 114
• Investment protection = 116
• Movement of personnel = 117
• Ownership requirements = 118
• Transfer of funds = 118
• State monopolies and purchases = 119
• Dispute settlement = 119
• Firms' obligations = 120
• Development concerns = 122
• Concluding remarks = 123
• 7 A multilateral framework on investment in the WTO : is there a case for it? = 126
• Conceptual relevance of a GATT-type framework = 127
• The trade-investment link is not unambiguous = 129
• FDI policy and the level of development = 129
• Countries at different levels of development receive different types of FDI inflows = 130
• The developmental impact of FDI depends on host country policies = 130
• MFI and the magnitude of FDI inflows = 131
• Asymmetric approach of multilateral framework = 132
• Asymmetry between investment and labour mobility = 132
• Asymmetry between the rights and responsibilities of foreign investors = 133
• Existing bilateral and multilateral frameworks for investment protection and dispute settlement = 135
• Is there a grand bargain for developing countries? = 135
• Concluding remarks : is there a case for an MFI? = 136
• Part four Options for developing countries
• 8 From Doha to Cancun and beyond : options for developing countries = 141
• Options for developing countries = 142
• Option Ⅰ : resist a negotiating mandate in the WTO = 142
• Option Ⅱ : a Multilateral Investment Treaty negotiated outside the single undertaking = 143
• Option Ⅲ : re-examining the United Nations Code of Conduct on Transnational Corporations = 143
• Option Ⅳ : last resort - negotiating a development-friendly multilateral framework in the WTO = 144
• Incorporating a 'development dimension' in a possible MFI = 144
• Scope and definition = 145
• Transparency = 148
• National treatment = 149
• Most-favoured nation(MFN) = 151
• Ownership and control = 151
• Development provisions = 152
• Investors' obligations = 155
• Transfer of technology = 157
• Competition policy and RBPs = 158
• Home country obligations = 159
• Incentives = 159
• Environmental issues = 159
• Investor protection = 160
• Government procurement = 161
• BOP safeguards = 161
• Concluding remarks = 161
• Bibliography = 165
• Index = 172