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...
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| Autor principal: | |
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| Formato: | Artículo |
| Idioma: | Inglés |
| Publicado: |
Universidad Bernardo O'Higgins
2013
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| Materias: | |
| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4338470 |
| Fuente: | Ars Boni et Aequi, ISSN 0719-2568, Vol. 9, Nº. 1, 2013, pags. 9-22 |
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| Sumario: |
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. |
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