The role of the OECD in the elaboration of multilateral norms concerning Foreign Direct Investments: a sharp cpmtrast between two different approaches

This paper focuses on the OECD role with reference to the elaboration of multilateral norms concerning the discipline of Foreign Direct Investments. In particular, by distinguishing between a promotional approach and regulatory one, it aims to analyze how the OECD activities fulfill the need for bal... Deskribapen osoa

Egile nagusia: Tavassi, Jacopo
Formatua: Artikulua
Hizkuntza: Ingelesa
Argitaratua: Universidad Bernardo O'Higgins 2013
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Sarrera elektronikoa: http://dialnet.unirioja.es/servlet/oaiart?codigo=4338470
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Laburpena: This paper focuses on the OECD role with reference to the elaboration of multilateral norms concerning the discipline of Foreign Direct Investments. In particular, by distinguishing between a promotional approach and regulatory one, it aims to analyze how the OECD activities fulfill the need for balancing the economic rights of the private investors with the host State’s public interests. In particular, while showing how the previous OECD attempts to elaborate a Multilateral Agreement on Investment (forward MAI) were primarily concerned with the promotion of developed countries’ strategic economic sectors, it finds that the Guidelines for Multinational Enterprises also take into consideration the protection of numerous “public goods”. However, the gap which remains in the discipline of international investments could be filled by these Guidelines only through their incorporation into binding legal instruments.