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Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe

Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe
Author: Talkmore Chidede
Publisher: Anchor Academic Publishing
Total Pages: 239
Release: 2016-06-02
Genre: Business & Economics
ISBN: 396067550X

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This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.


Understanding Investment Law in Zambia

Understanding Investment Law in Zambia
Author: Sangwani Patrick Ng'ambi
Publisher:
Total Pages: 168
Release: 2017
Genre: Government ownership
ISBN: 9781485120438

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"Understanding Investment Law in Zambia deals with both the domestic law and international legal norms pertaining to foreign direct investment. A wide array of topics is covered in this book, including the contractual, legislative and treaty-based protections available to investors as they consider entrusting their capital to another jurisdiction."--Back cover.


Legal Aspects of Foreign Direct Investment

Legal Aspects of Foreign Direct Investment
Author: Alfred Escher
Publisher: Springer
Total Pages: 0
Release: 1999-10-14
Genre: Business & Economics
ISBN: 9789041112149

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Two of the distinguishing features of the law on foreign direct investment (FDI) are its complexity and its creativity. The law on FDI embraces the domestic rules and regulations dealing with foreign controlled businesses as well as the numerous bilateral and multilateral legal instruments. It is influenced by awards of international arbitration tribunals as well as numerous other sources. Consequently, it is always changing. The various actors involved, including transnational corporations, local companies, investment promotion agencies, and multilateral donors, as well as lawyers advising foreign investors or their local counterparts and financial intermediaries, each follow their own interests. By its nature, FDI involves the interaction, and sometimes the clash, between different legal concepts of the participants and regulators. Counsels to local governments and domestic partners in a joint venture with foreign companies may not always be accustomed to legal documentation in an Anglo-American or continental European style. As a result, dealing with FDI requires an ongoing learning process for all who wish to understand and successfully manage foreign investment transactions. All this elucidates the need for a multi-author book which covers various areas of the law on FDI from different perspectives. The authors of this book are all concerned with FDI as either academics or practicioners and come from a variety of legal, academic and geographical backgrounds. The book consists of three parts: first, a general introduction on FDI by Dr. Escher; next, an analysis on the emerging international law on FDI and related areas; and finally, an overview of FDI law in a variety of countries in Asia, Africa, Latin-America, and Europe.


Law & Investment in Africa

Law & Investment in Africa
Author: Tinahse Kondo
Publisher: African Sun Media
Total Pages: 296
Release: 2021-04-19
Genre: Business & Economics
ISBN: 1990995039

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Zimbabwe has had a chaotic foreign direct investment (FDI) regime. This has created the need for a detailed volume on the most important developments around the protection and treatment of FDI, at not only a domestic level, but also at bilateral, regional and international levels. The author argues that while Zimbabwe has now harmonised, previously scattered legislation under the Zimbabwe Investment and Development Agency Act [Chapter 14:37] and taken measures to reverse (to varying degrees) controversial policies such as the land reform programme and the Indigestion and Economic Empowerment Policy, scepticism still prevails over the investor-friendliness of the FDI regime in Zimbabwe.


Foreign Direct Investment, Competition and Perception in Zambia

Foreign Direct Investment, Competition and Perception in Zambia
Author: Daniel Tonga
Publisher:
Total Pages: 24
Release: 2019-07-17
Genre:
ISBN: 9783346002204

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Academic Paper from the year 2019 in the subject Economics - International Economic Relations, University of Lusaka (University of Lusaka), course: Economics and Finance, language: English, abstract: This paper analyses the effects of Foreign Direct Investment (FDI) in Zambia. It focuses on two main areas of FDI: First, it looks at the competition effect of Foreign Direct Investment FDI to domestic businesses in the host country, Zambia and the second part looks at how residents perceive Foreign Direct Investment FDI in Zambia. In order to understand the competition effect of FDI in Zambia, the research study carried a survey on local business houses to get an understanding of how FDI with respect to foreign businesses has created competition to local businesses to their detriment. In addition, the research study conducted interviews with various people in Zambia to collect data and get their perception on FDI with respect to foreign businesses in Zambia. This research found that people's perceptions over FDI are more negative than positive. This research study also found that Foreign Direct Investment FDI has both positives and negatives externalities in Zambia. Under positive externalities, FDI has helped create employment to local people, facilitated the transfer of technology and innovation as FDI spillovers. However, under negative externalities, this research found that FDI had brought more competition to local businesses in the host country, throwing many out of business. In addition, some businesses found it difficult to compete due to unfairness created by state interventions. Therefore, FDI in Zambia was found to have more negatives than positives externalities.


Foreign Direct Investment

Foreign Direct Investment
Author: Dale R. Weigel
Publisher: World Bank Publications
Total Pages: 132
Release: 1997-01-01
Genre: Business & Economics
ISBN: 9780821340509

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The report reviews lessons from the International Finance Corporation's (IFC) investment, and advisory experience in the developing world, which show the interactions between policy frameworks, and the volume and structure of foreign direct investments (FDI). Case studies show how the Corporation promotes successful project structures, and regulatory changes, as it tries to attain the strongest development impact for investments. In developing countries, FDI has flowed mainly into manufacturing, and processing industries. In the past, investment attractiveness had been closely linked to possession of natural resources, or a large domestic market, while production and trade globalization, competitiveness as a location for investment, and exporting, have become the main determinants of attractiveness. Sources of FDI in the past, came almost exclusively from industrial countries, though recently those sources have widened, emerging from developing countries in their own right, and for their own regions. IFC, as an international initiative to promote FDI in developing countries, is liable to promote bilateral trade agreements, bilateral and multilateral financial institutions, and investment promotion programs; its advisory role may vary from diagnostic studies overviewing constraints to FDI, to investment policy studies giving specific solutions on either changes, or strategies. The study further looks at how policy environment is set, and at finding investor opportunities, through project financing, largely structured as joint ventures. The inherent, fragile nature of joint ventures, restricts foreign ownership, thus limiting project structures; however, careful project design has lead to successful operations, by ensuring management, and financial arrangements. Still, to maximize benefits, an unfinished agenda of policy reform remains, and, as more countries open to FDI, this integration will lead to an overall increase in FDI flows.