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Columbia FDI Perspectives
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Columbia FDI Perspectives is an occasional series of perspectives on important and topical foreign direct investment issues. http://ccsi.columbia.edu/publications/columbia-fdi-perspectives/
Columbia Center on Sustainable Investment
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The Columbia Center on Sustainable Investment (CCSI), a joint center of Columbia Law School and Columbia Climate School at Columbia University, is the only university-based applied research center and forum dedicated to the study, practice, and discussion of sustainable international investment. It develops practical approaches for governments, investors, communities, and other stakeholders to maximize the benefits of international investment for sustainable development. Applying its legal, economic, and policy expertise, CCSI addresses sustainable investment holistically, bridging investment law, natural resource management, human rights, economics, political economy, and environmental management. It works to strengthen the sustainable development potential of international investment, and to ensure that international investment is mutually beneficial for investors and the citizens of recipient countries. http://ccsi.columbia.edu/
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2. China’s foreign investment complaint mechanism: A new beginning of foreign investment governance reform?
3. CSR in an Investment Facilitation Framework for Development: From a “race to the bottom” to a “march to the top”
4. Dangers lurking in the OECD tax proposals
5. Divestments by MNEs: What do we know about why they happen?
6. Engaging diaspora direct investors: The four elements of successful policy regimes
7. FDI and CSR to promote social entrepreneurship and sustainable FDI: Lessons from India
8. Green FDI: Encouraging carbon-neutral investment
9. Increasing transparency in investment facilitation: focused support is needed
10. In defense of quantum
11. International tax reform and FDI
12. Investment facilitation and India: A closer look
13. It’s quantum!
14. Materializing corporate social responsibility in investor-state dispute settlement
15. Mobilizing FDI for sustainable infrastructure investment
16. National Contact Points for responsible business conduct and access to remedy: Achievements and challenges after 20 years
17. Obsolescence of the obsolescing bargain: Why governments must get investor-state contracts right
18. Reducing regulatory risk to attract and retain FDI
19. Room to move: Building flexibility into investment treaties to meet climate-change commitments
20. The EU-China Comprehensive Agreement on Investment: Stuck half-way?
21. The Hague Rules on Business and Human Rights Arbitration
22. The OECD MNE Guidelines: Recent complaints on emerging issues show the need to revise standards on responsible business conduct
23. The OFDI policy path and the product space
24. A G20 Facility to rekindle FDI flows
25. Corporate inversions and FDI in the United States
26. COVID-19 and FDI: How should governments respond?
27. Enabling the full participation of developing countries in negotiating an Investment Facilitation Framework for Development
28. Explaining the rise of third-party funding in investment arbitration
29. Facilitating investment through IIAs: The case of the Regional Comprehensive Economic Partnership Agreement
30. FDI screening regulation and the recent EU guidance: What options do member states have?
31. From investment promotion and protection to investment regulation
32. India’s blueprint for tackling opportunistic acquisitions during COVID-19, with Chinese firms in mind
33. Insulating a WTO Investment Facilitation Framework from ISDS
34. Investment aftercare matters
35. Investment and human rights: Is there an elephant in the room?
36. Investment facilitation and the GATS: Do overlaps matter?
37. Is USMCA really “the new gold standard” of investment protection?
38. Learning from Brazil’s bilateral investment treaties
39. Leveraging corporate tax incentives to attract FDI: design and implementation considerations
40. Outward FDI and a global compact on home-country investment incentives
41. Outward FDI under China’s Belt and Road Initiative: Between regulation and adaption
42. Regulating multinational digital platform enterprises: The case of Uber
43. Squaring bilateralism with multilateralism: What investment law reformers can learn from the international tax regime
44. Taming the chaos in investment treaty protection
45. The blind side of international investment law and policy: The need for investor-state conflict management mechanisms fostering investment retention and expansion
46. The development dimension of an investment facilitation framework
47. The nationality of the international judge: Policy options for the Multilateral Investment Court
48. The Regional Comprehensive Economic Partnership’s investment chapter: One step forward, two steps back?
49. The useful institution of an investment ombudsperson
50. The US-Mexico-Canada Agreement: the new gold standard to enforce investment treaty protection?
51. A future European FDI screening system: solution or problem?
52. A legally binding instrument on business and human rights to advance accountability and access to justice
53. An international framework to discipline outward FDI incentives?
54. Another brick in the wall: the EU-India investment-facilitation mechanism
55. Assessing the legality of data-localization requirements: Before the tribunals or at the negotiating table?
56. Challenges for the EU-China BIT negotiations
57. China’s Belt and Road investment governance: building a hybrid model
58. China’s new Foreign Investment Law: deeper reform and more trust are needed
59. Do not neglect establishment trade: the China-US example
60. FDI has benefitted the EU members from Central and Eastern Europe and can continue to do so
61. Five key considerations for the WTO investment-facilitation discussions, going forward
62. Guaranteeing the independence of the judges of a Multilateral Investment Court: A must for building the Court’s credibility
63. How to analyze the impact of bilateral investment treaties on FDI
64. How to limit treaty-shopping
65. Incentivizing sustainable FDI: The Authorized Sustainable Investor
66. Intra-EU investment protection in a post-Achmea world
67. Investment dispute settlement à la carte within a multilateral institution: A path forward for the UNCITRAL process?
68. Investment facilitation for sustainable development: Getting it right for developing countries
69. Is international investment threatening or under threat?
70. Political risk: Not just the investor’s affair
71. Promoting sustainable FDI through international investment agreements
72. Strengthening multi-stakeholder cooperation in the international investment regime: The Brazilian model
73. The case against third-party funding in investment arbitration
74. The next generation of Chinese investment treaties: A balanced paradigm in an era of change
75. The state of the international investment law and policy regime
76. Will the United States join the Trans-Pacific Partnership, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, or neither?
77. CFIUS reforms must be reformed
78. Could BITs and BATs be combined to ensure access to human rights remedies?
79. Do developing countries benefit from outward FDI?
80. Europe’s new investment policy faces an uncertain future
81. Facilitating investment for sustainable development: it matters for Africa
82. Foreign direct investment and “peak globalization”
83. High time for government action to make the OECD Guidelines a force for sustainable FDI
84. Host country concerns and policies toward state-owned MNEs
85. How to leverage outward FDI for development? A six-step guide for policymakers
86. IIA provisions, properly interpreted, are fully consistent with a robust regulatory state
87. Investment arbitration liability insurance: a possible solution for concerns of a regulatory chill?
88. Investment facilitation: Another fad in the offing?
89. Investment facilitation at the WTO is not investment redux
90. Investment facilitation: leaving the past behind
91. Investment facilitation: moving beyond investment promotion
92. Investment facilitation: new dynamism at the WTO on investment
93. Lessons for a future advisory center on international investment law
94. MNEs and the Sustainable Development Goals: what do first steps reveal?
95. Moving with the times: amending the ICSID rules
96. Regional cooperation to enhance FDI in the development of offshore resources
97. Responsible FDI is no longer optional
98. Sustainable FDI for sustainable development
99. The EU investment court: challenges on the path ahead
100. The Pan-African Investment Code: a good first step, but more is needed
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