Coercion and Foreign Investment Rearrangements

Bibliographic Data

ID9546879
AuthorsDetlev F Vagts (corresponding author)
Year1978
Volume72
Issue1
Pages17-36
Publication date1978-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/2199701
OpenAlexW2324349801
LanguageEN
Citations received4
References cited3

Expropriations in the later 1970’s often proceed more suavely than in the past. Straightforward seizure, to be sure, still has devotees. However, an increasingly favored approach is to induce the foreign investor to convey his property (or an interest therein) by an instrument that on its face represents an ordinary sale. That sale may be accompanied by a revision of the terms of some underlying contract between the investor and the government. The purpose of this article is to explore whether any body of rules now exists setting limits to the means that a government can use to obtain the investor’s consent. It then asks whether that law could be further developed so as to improve the quality of such negotiations and to cause them to produce more equitable results. Thereby it would indirectly improve the security and efficiency of the whole process of foreign direct investment

Business · Coercion (linguistics · Economics · Face (sociological concept · Foreign direct investment · Government (linguistics · Investment (military · Law and economics · Negotiation · Political science · Process (computing · Property (philosophy · Quality (philosophy · Sociology · Corporate Law and Human Rights · International Arbitration and Investment Law · Law · State Capitalism and Financial Governance

Tools

Open DOISci-Hub