Investment Codes

Max Planck Encyclopedia of Public International Law, Oxford University Press, 2011

13 Pages Posted: 27 Aug 2012

See all articles by Michael Waibel

Michael Waibel

University of Vienna - Faculty of Law

Markus Burgstaller

Hogan Lovells

Date Written: May 27, 2011

Abstract

Investment codes are standalone, unified codes with all rules relevant for inward foreign investment. This paper surveys their use and evolution. Investment codes have a two-fold purpose: to encourage foreign investment, and to maintain control over it. They typically reflect a compromise between control over and facilitation of foreign investment. On the one hand, they seek to insulate foreign investors from domestic policy change and political risk. On the other hand, they enable host countries to absorb foreign investment under a predictable framework provided by their domestic law.

Keywords: Investment Codes, foreign investment, protection, bilateral investment treaties, expropriation

JEL Classification: F21

Suggested Citation

Waibel, Michael and Burgstaller, Markus, Investment Codes (May 27, 2011). Max Planck Encyclopedia of Public International Law, Oxford University Press, 2011. Available at SSRN: https://ssrn.com/abstract=2137197

Michael Waibel (Contact Author)

University of Vienna - Faculty of Law ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

Markus Burgstaller

Hogan Lovells ( email )

555 13th Street, NW
Washington, DC 20004
United States

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