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Investment law reform : a handbook for development practitioners (Inglês)

The chief purpose of this handbook is to provide government lawyers with a framework to evaluate the quality of a country's investment legislation (if it exists) and how the legislation relates to its investment policy and investment incentives. More specifically, it deals with creating new and reforming existing investment legislation in developing and transition economies in furtherance of the World Bank Group's (WBG's) mandate to promote private investment - domestic and foreign - in those economies. Handbook appendices contain drafting guidelines and checklist of issues that foreign direct investment (FDI) laws should include and that countries can use when drafting investment legislation. The report is structured as follows: chapter one defines key terms about investment law reform in an effort to clarify terminology and concepts and show how they are related. Chapter two examines how widespread investment codes are and explains their utility and limitations. Chapter three provides recommendations on the structure of investment legislation and the key provisions to be included such as definitions, investors' guarantees, incentives, framework for investment promotion, and transitional provisions. Chapter four discusses the fundamental issue of investor entry, in particular the conditions under which foreign investors can invest including sectoral restrictions, limitations on foreign ownership, authorization and screening, minimum investment, and performance requirements. Chapter five discusses key investor guarantees including fair and equitable treatment, national treatment, most-favored-nation (MFN) treatment, protection against expropriation, guaranteed convertibility and repatriation of profits, and settlement of disputes. Chapter six looks at the issue of investment incentives, (fiscal incentives in particular) and their effectiveness. Chapter seven summarizes key aspects of investment promotion to guide legal drafters, should policymakers want the investment code to set out the basic framework of investment promotion. Chapter eight presents the various phases of investment law reform projects, from the government's request for assistance with legislation to the delivery of a project plan. Chapter nine identifies some of the challenges in preparing an investment code and the support that governments may need until the law is promulgated. Chapter ten discusses the monitoring and evaluation (M and E) of investment law reforms, including the key indicators involved in a desk review and medium- and large-scale projects.

Detalhes

  • Autor

    Daniel,Kobina Egyir, Forneris,Xavier

  • Data do documento

    2010/01/01

  • TIpo de documento

    Documento de Trabalho

  • No. do relatório

    91174

  • Nº do volume

    1

  • Total Volume(s)

    1

  • País

    Mundo,

  • Região

    Regiões Mundiais,

  • Data de divulgação

    2016/09/21

  • Disclosure Status

    Disclosed

  • Nome do documento

    Investment law reform : a handbook for development practitioners

  • Palavras-chave

    investment law;foreign investor;copyright clearance center;investment code;investment policy;Democratic Republic of Congo;access to foreign exchange;settlement of investment dispute;trim trade;legal and regulatory framework;small and medium enterprise;alternative dispute resolution mechanism;social and economic development;private investment;investment legislation;piece of legislation;law and regulation;domestic investment;minimum capital requirement;investment climate;repatriation of capital;limited liability company;free trade agreement;dispute settlement provisions;case study example;court of law;increased market access;private sector entities;form of investment;settlement of dispute;repatriation of profit;national security interest;human resource capacity;transfer of technology;Type of Investment;types of legislation;ministries of finance;foreign investment promotion;restrictive investment policy;degree of influence;degree of liquidity;country of residence;dispute settlement mechanism;technical assistance program;transfer of income;civil society institution;national treatment principle;liberalization of market;absence of tax;determinants of investment;foreign direct investment;macroeconomic policy framework;legal framework;domestic investor;domestic legislation;performance requirement;transition country;transition countries;host state;legislative instrument;national investment;management control;fiscal incentive;guiding principles;legal personality;legal system;private investor;tax policy;private enterprise;legal tradition;project plan;Job Creation;international instrument;investor guarantees;physical asset;equity capital;important policy;government use;natural person;stable policy;Labor Market;physical infrastructure;national legislation;legal drafters;regulatory process;portfolio investment;business facilitation;prospective investor;positive outcome;international convention;international obligation;management skill;dominant influence;employment generation;financial market;cabinet policy;financial flow;industry trade;transnational corporation;commercial activity;government administration;good policy;potential investor;domestic unemployment;private ownership;domestic labor;entry requirement;state enterprises;local management;recipient countries;expatriate labor;globalized economy;poverty alleviation;turnkey contract;environmental measure;foreign debt;international treaty;policy question;foreign capital;exit policy;product innovation;scarce resource;individual decision;legislative drafting;civil disturbance;dual nationality;exchange commission;financial resource;long-term investment;export base;smaller share;subnational incentive;financial authority;spillover benefit;financial provisions;hedge fund;treasury department;direct investor;equity ownership;objective criterion;contractual arrangement;Trade Policy;judicial enforcement;regulatory issue;credit bond;equity security;debt instrument;Preferred Shares;enterprise creation;ownership control;voting right;legal instrument;human capacity;voting power;Trade Policies;investment-friendly policy;donor agencies;government development;individual investor;applicable law;domestic law;customs legislation;Law Reform;transitional provision;policy formulation;open investment;draft legislation;reform effort;equitable treatment;national interest;legal drafting;positive impact;policy option;liberal entry;international standard;market entry;foreign ownership;business environment;competitive market;Armed Conflict;quality service;photo credit;investment entry;subsidiary right;investment licence;special incentives;institutional infrastructure;authorization requirement;investor right;governmental regulation;model law;environmental law;administrative practice;investment incentive;respective responsibility;public health;business entity;legal entities;local capacity;country risk;incorporated entity;legal language;modern world;foreign legislation;competition policy;global change;economic sector

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