Download The Shield of Nationality: When Governments Break Contracts by Rachel L. Wellhausen PDF

By Rachel L. Wellhausen

There's remarkable edition in how governments deal with multinational agencies in rising economies; actually, governments world wide have nationalized or eaten away on the worth of foreign-owned estate in violation of overseas treaties. This even happens in terrible nations, the place governments are anticipated to, at a minimal, appreciate the contracts they make with overseas organisations lest overseas capital flee. within the guard of Nationality, Rachel Wellhausen introduces foreign-firm nationality as a key determinant of companies' responses to executive breaches of agreement. enterprises of an identical nationality are inclined to see a compatriot's damaged agreement as a forewarning in their personal difficulties, prime them to take flight or struggle. against this, agencies of different nationalities tend to meet the damaged agreement with obvious indifference. proof contains quantitative research and case experiences that draw on box study in Ukraine, Moldova, and Romania.

Show description

Read Online or Download The Shield of Nationality: When Governments Break Contracts with Foreign Firms PDF

Similar administrative law books

Succession Q&A 3 e (Q & A)

The purpose of this booklet is to supply samples of the kinds of questions chanced on either in the beginning measure point and on degree classes. This 3rd version has been largely up-to-date, together with additional introductory notes and new chapters at the nature of wills and the psychological aspect, formalities, revocation and changes, and intestacy.

The Europeanisation of Contract Law (Current Controversies in Law)

Severe but available, this booklet presents an summary of the present debates in regards to the ‘Europeanization’ of agreement legislation. Charting the level to which English agreement legislation has been topic to this task, it's the excellent quantity for readers strange with the topic who desire to comprehend the most matters fast.

Administrative Justice in the 21st Century

The hot millennium offers a chance for the reappraisal of the British method of administrative justice; this quantity provides and integral repository of the tips had to know the way that approach should still increase over the arrival years. This publication includes revised types of the papers given on the foreign convention on Administrative Justice held in Bristol in 1997.

Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights

This publication takes up the postcolonial problem for legislations and explains how the issues of criminal acceptance for Indigenous peoples are tied to an orthodox conception of legislations. developing a thought of felony pluralism that's either serious of law's epistemological and ontological presuppositions, in addition to discursive in enticing a discussion among felony traditions, Anker focusses on admired elements of felony discourse and method equivalent to sovereignty, evidence, cultural translation and negotiation.

Additional info for The Shield of Nationality: When Governments Break Contracts with Foreign Firms

Example text

73 By 2013, however, some investors began accepting Argentinian government bonds as substitutes for their full outstanding awards (a risky move given that the government’s solvency was again in question). Thus, while BITs remain the de facto basis of the international investment protection regime, there is pushback by signatories, not to mention advocacy groups, against the constraints that BITs place on host government behavior. What is more, even when BITs are in place, host governments undertake actions that violate them – “off-equilibrium” behavior that the existence of a BIT is thought to deter.

55 While firms with trade grievances must get their home governments to bring their claims before the WTO, BITs allow firms themselves to take action against sovereign governments. 57 Alongside avoiding “espousal,” legal observers see this as one of the strongest protections that many (though not all) BITs afford. From the capital-sending government’s point of view, allowing firms to avoid domestic courts gives those firms the opportunity to avoid potential bias and/or corruption in host-country legal systems.

When Governments Break Contracts 35 when governments break contracts Governments around the world are tempted to and sometimes follow through with government breach of contract. This is despite the fact that FDI, in aggregate, is thought to confer development benefits through the transfer of technology and management know-how, not to mention long-term capital, employment, and tax revenues for host countries. But short-term gains can be as tempting for governments as they are for any party to a contract.

Download PDF sample

Rated 4.76 of 5 – based on 37 votes