Foreign Direct Investment: A Historical Perspective

Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013)

UNSW Law Research Paper No. 2016-11

14 Pages Posted: 15 Mar 2016

See all articles by Leon Trakman

Leon Trakman

University of New South Wales (UNSW) - UNSW Law & Justice

Nicola Ranieri

Independent

Date Written: February 12, 2016

Abstract

The evolution of FDI protocols has attracted much attention. Th is scrutiny has led many critics to call for reform amid allegations that the protections are being manipulated to raise corporate agendas over societal well-being. Underlying these concerns is the belief that the development of FDI protections has been unexpectedly hijacked by special interests and set on an unforeseen and irreversible path.

However, on closer analysis, the notion that the trends underlying modern FDI protocols have undergone radical rethinking is subject to challenge. Rather, these trends reflect an evolutionary progression of thinking on the subject. They are steeped in established international law obligations and evolving treaty commitments. Although the speed with which these changes have taken place is often the result of political exigencies, the trends nonetheless reflect a predictable progression of thinking on the evolution and value of FDI.

Keywords: foreign direct investment, regulation, treaty law, evolution, development

Suggested Citation

Trakman, Leon and Ranieri, Nicola, Foreign Direct Investment: A Historical Perspective (February 12, 2016). Trakman and Ranieri (eds), Regionalism in International Investment Law, Oxford University Press (2013), UNSW Law Research Paper No. 2016-11, Available at SSRN: https://ssrn.com/abstract=2747150

Leon Trakman (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

Nicola Ranieri

Independent ( email )

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