Legal treatment of foreign investment : "the World Bank guidelines"

목차 (Table of Contents)

• CONTENTS
• Foreword = ⅶ
• Acknowledgments = ⅸ
• Table of Contents = xi
• INTRODUCTORY CHAPTER: THE ENABLING ENVIRONMENT FOR INCREASED FOREIGN DIRECT INVESTMENT FLOWS = 1
• I. An Overview of the Increasing Role of Foreign Direct Investment in Developing Countries = 1
• A. Recent Trends in Foreign Direct Investment Flows = 1
• B. Possible Benefits of Foreign Direct Investment to Developing Countries = 9
• II. Elements of a Favorable Investment Climate = 12
• A. Source Country Policies = 13
• 1. Policy Framework in the Source Country = 13
• 2. Source Country Promotional Instruments = 17
• 3. Source Country Regulations = 18
• B. Host Country Policies = 20
• 1. Economic and Financial Framework = 20
• 2. Political and Cultural Conditions = 22
• 3. Legal and Regulatory Regime = 24
• PART ONE - PREPARATION OF THE GUIDELINES
• CHAPTER TWO: THE ORIGINS OF THE WORLD BANK'S INVOLVEMENT = 29
• I. The MIGA Convention and the Standards Applicable to Foreign Investment = 29
• II. The Treatment of Standards under the MIGA Regulations = 34
• III. The French Initiative at the April 1991 Development Committee Meeting = 37
• IV. The Decision of the Bank's President on the Process = 39
• V. The Work Plan = 40
• CHAPTER THREE: PHASE ONE - SURVEY OF EXISTING INSTRUMENTS = 47
• I. Preparation of the Background Studies = 47
• II. The April 1992 Development Committee Meeting = 57
• CHAPTER FOUR: EVOLUTION OF THE UIDELINES = 61
• I. Preparation of the Initial Working Group Draft = 61
• II. Text and Analysis of the Initial Working Group Draft = 65
• A. The Preamble = 65
• B. Draft Guideline I: Scope of Application = 67
• C. Draft Guideline II: Admission = 73
• D. Draft Guideline III: Treatment = 77
• E. Draft Guideline IV: Expropriation and Breach of Contracts = 85
• F. Draft Guideline V: Settlement of Disputes = 95
• CHAPTER FIVE: CONSULTATION ON THE GUIDELINES = 99
• I. Internal Bank Consultations Regarding the Initial Working Group Draft = 99
• A. IFC Comments = 100
• B. MIGA Comments = 101
• C. FIAS Comments = 102
• D. Bank-wide Consultations = 104
• II. Discussions of the May 6, 1992 Draft = 106
• A. Preliminary Discussion of the Draft Guidelines by the Executive Directors = 107
• B. United States Comments = 107
• C. Comments by Other Developed Countries = 114
• D. Comments by Developing Countries = 117
• E. Early Comments by National Business Groups = 118
• III. Consultation with International Organizations and International Business Groups ― The Paris Conference, July 1, 1992 = 119
• IV. Draft of July 6, 1992 = 124
• A. Amendments to the Draft Guidelines = 124
• B. Further Comments of Business Groups = 126
• 1. U.S. Council for International Business = 126
• 2. International Chamber of Commerce = 128
• V. July 1992 Meeting of the Committee of the Whole = 131
• VI. Final Draft of the Working Group: Draft of August 7, 1992 = 135
• CHAPTER SIX: FINALIZATION OF THE GUIDELINES AND THEIR PROSPECTIVE IMPACT = 139
• I. The Last Amendments Proposed by the U.S. = 139
• II. Adoption of the Guidelines: The September 1992 Meeting of the Development Committee = 143
• III. Future of the Guidelines = 146
• IV. Concluding Remarks = 150
• PART TWO ― THE GUIDELINES
• I. Final text of the Guidelines = 155
• A. Original English Text = 155
• B. French Translation = 165
• C. Spanish Translation = 179
• II. Report to the Development Committee on the Legal Framework for the Treatment of Foreign Investment, submitted to the Fall meeting of the Development Committee, September 21, 1992 = 193
• PART THREE - SURVEYS AND DOCUMENTS
• A. SURVEYS:
• I. Treatment of Foreign Investment inBilateral Investment Treaties = 221
• II. Multilateral Approaches to the Treatment of Foreign Investment = 267
• III. Principles Governing Foreign Investment, as Reflected in National Investment Codes = 311
• IV. General Principles Governing Foreign Investment as Articulated in Recent International Tribunal Awards and Writings of Publicists = 337
• B. DOCUMENTS:
• I. Excerpt from the Communiqu$$\acute e$$ of the 41st Meeting of the Development Committee, Washington, D.C,, April 30, 1991 = 383
• II. Draft Outline of the Legal Framework Prepared by the Staff of the French Treasury = 385
• III. Text of Author's Presentation to a Meeting of the MIGA Committee of the Whole. dated March 6, 1992 on the Progress Report = 389
• IV. Progress Report on the "Legal Framework" for the Treatment of Foreign Investment submitted to the Spring meeting of the Development Committee, April 18, 1992 = 393
• V. May 6, 1992 Draft of the Guidelines on the Treatment of Foreign Direct investment = 401
• VI. Memoranda Outlining U.S. Concerns Relating to the Legal Framework for the Treatment of Foreign Investment
• (a) Memorandum dated May 28, 1992 = 413
• (b) Memorandum dated July 22, 1992 = 419
• VII. Comments from the Office of The Netherlands Executive Director = 423
• VIII. Comments from the Office of the United Kingdom Executive Director = 427
• IX. Documents Relating to the Consultative Meeting convened in Paris on July 1, 1992 = 431
• (a) List of Invitees = 431
• (b) List of Attendees = 432
• (c) Text of Address of French Finance Minister = 434
• X. Text of Author's Presentation of the Draft Guidelines to a joint meeting of the World Bank and MIGA Committee of the Whole, dated July 27, 1992 = 439
• XI. Comparison of the Final Text of the Guidelines with the Initial Working Group Draft of the Guidelines = 443
• INDEX = 459
• BOOKS BY THE AUTHOR = 467