1-August-2013
English, PDF, 748kb
This study documents the liberalisation of the FDI regime in Korea between 1990 and 2010 and examines how and why it came about. The paper focuses on the lessons can we draw from the Korean experience about how to achieve rapid and sustainable reforms.
23-May-2013
English, PDF, 1,306kb
This paper examines China’s investment policy since the publication of the 2008 OECD Investment Policy Review of China and recommends that the Chinese government continue its efforts to liberalise and increase the transparency and predictability of the framework for both inward and outward FDI. OECD Working Papers on International Investment - No. 2013/1.
19-December-2012
English, PDF, 1,078kb
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This scoping paper has supported inter-governmental dialogue about ISDS at several OECD-hosted investment Roundtable meetings.
30-November-2012
English, PDF, 1,532kb
This survey of a sample of 1,660 bilateral investment treaties (BITs) identifies the main parameters of ISDS regulation in BITs; traces their emergence, frequency and dissemination over time; and highlights past and recent country-specific treaty practice.
30-June-2010
English, Excel, 1,042kb
This working paper, the 2010 update of the FDI Restrictiveness Index (FDI Index), expands the sectors covered and revises the way in which FDI measures are scored and weighted.
23-October-2006
English, Excel, 186kb
Given the very frequent occurrence of the umbrella clause in modern investment treaties, and the different language used in these treaties, this paper aims to improve an understanding of the interpretations of this clause.
3-March-2006
English, Excel, 263kb
This working paper summarises information available in the public domain about investor-state dispute settlement in the infrastructure sectors.
30-June-2005
English, Excel, 268kb
The system of investment dispute settlement has borrowed its main elements from the system of commercial arbitration. However, investor-state disputes often raise public interest issues which are usually absent from international commercial arbitration. As a result, the traditional manner in which governmental measures are reviewed for compliance with international law in a private setting, i.e. confidential in camera proceedings
1-October-2004
Russian, , 887kb
This article on "Indirect Expropriation" and the "Right to Regulate" in International Investment Lawwas translated into Russian by Dr. Marina Trunk-Fedorova, LL.M. and published in Die Rechtslage von Auslandsinvestitionen in Transformationslaendern – Legal issues of foreign investment in transition countries. Liber Amicorum to Professor Wolfgang Seiffert, former Director of the Institute of East European Law at the University of
30-September-2004
Chinese, , 1,114kb
This document provides factual elements of information on jurisprudence, literature and state practice related to the fair and equitable treatment standard. It examines the origins of the standard and its use in international agreements and state practice, its relationship with the minimum standard of international customary law and the elements of its normative content as identified by arbitral tribunals.