Document Type : Original Article
Authors
1 Department of International Commercial Law, Faculty of Law and Political Science, University of Shahid Beheshti, Tehran, Iran.
2 Ph.D Candidate in oil and gas law at SBU
Abstract
Protection of foreign investment is a useful instrument for foreign investors and host states. Strong protection for foreign investor attracts more investors and causes economic growth and development of host state and foreign investor gains more profit by increasing his capital. Foreign investment protection standards are considered as a requirement for the foreign investor to claim compensation in case of violation by the host state. In portfolio investment, according to the differences between this type of investment and foreign direct investment, special protections are required because a collection of protective standards applying in direct investment including full protection and security standard are not applicable in portfolio investment due to its specific characteristics. Therefore, it is necessary to apply standards which are useful and efficient. Some of these specific standards are mentioned in this Article. In Iran's legal system, the Executive Directive of Foreign Investment in Stock Exchange and OTCs addresses the protection of portfolio investor in brief, which does not provide sufficient protection for foreign investor.
Keywords
Books
- Bath, V., & Nottage, L (Eds.). Foreign Investment and Dispute Resolution Law and Practice in Asia , (1st ed.). Routledge, 2011.
- Jola Gjuzi, Stabilization Clauses in International Investment Law, 1st ed, Gewerbestrasse (Switzerland) : Springer, 2018.
- OECD, International Investment Law: Understanding Concepts and Tracking Innovations: A Companion Volume to International Investment Perspectives, Paris: OECD Publishing, 2008.
- Peter T Muchlinski, Federico Ortino, Christoph Schreuer, The Oxford Handbook of International Investment Law, 1st edn, Oxford (United States): Oxford University Press , 2008.
- Sauvant, Karl P., and Lisa E. Sachs, The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows, 1st ed, New York: Oxford Academic, 2009.
- Subedi, Surya P, International Investment Law: Reconciling Policy and Principle, 1st ed, United states: Hart Publishing, 2008.
- Sornarajah, M, The International Law on Foreign Investment, 3rd ed, Cambridge: Cambridge University Press, 2010.
- UNCTAD, International Investment Agreements: Key Issues, Volume 1,New York and Geneva: United nations , 2004.
Articles
- David Gaukrodger, "Investment Treaties and Shareholder Claims: Analysis of Treaty Practice", OECD Working Papers on International Investment 2014/3, OECD Publishing, 2014, pp. 3-75
- Hoti, Suhejla, "The International Country Risk Guide: An Empirical Evaluation" .2003, pp. 539-588.
- Kenneth J. Vandevelde, "A Brief History of International Investment Agreements", UC Davis Journal of International Law & Policy 12, 2005, pp. 157–94.
- Llewellyn D. Howell, "International Country Risk Guide Methodology", PRS group.
- Maela Giofré, "Investor Protection and Foreign Stakeholders”, CESifo Working Paper Series 3102, CESifo, 2010, pp. 1-42.
- Poshakwale, Sunil S. & Thapa, Chandra."Investor protection and international equity portfolio investments", Global Finance Journal, Elsevier, vol. 22(2), , 2011, pp. 116-129.
- Schill, Stephan W. “Fair and Equitable Treatment, The Rule of Law, and Comparative Public Law”, in: Stephan W. Schill (ed), International Investment Law and Comparative Public Law, Oxford: Oxford University Press, 2011, pp. 151-182.
- Thapa, Chandra and Poshakwale, Sunil S. “Investor protection and foreign equity portfolio investments”, Global Finance Journal, 22 (2). 2011, pp. 116-129.
- Karius, Tim, "Intellectual property and intangible assets: Alternative valuation and financing approaches for the knowledge economy in Luxembourg,", European Institute for Knowledge & Value Management (EIKV), Luxembourg, volume 3, number 3, 2016, pp. 1-92.
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