International Economic Law and Policy Blog

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Foreign Investment

20 posts

Tracking Foreign Investments in the U.S. Pursuant to Trump's Trade Deals

According to President Trump and his administration, one of the most important elements of the trade deals they are negotiating right now is the commitments being made by foreign governments and companies to invest in the U.S. The aggregate figures mentioned in this regard have been as high as

International law aspects of the U.S.-Australia critical mineral and rare earth deal

Upon reading the US-AUS framework concerning the financing of rare earth mining. While there is very little to go on, I wanted to share some thoughts that connect current assessments with what we know about international investment law and existing institutional development. The Framework commits $1 billion in financing projects

The Japan-U.S. Investment MOU: Centrally Planned Foreign Investment?

In the last post, Mona set out the basics of the Japan-U.S. MOU on "Strategic Investments" in the U.S. – or at least, a version of the MOU that was posted by the Japanese government online, although we don't know for sure if this is

Have the Japanese turned investment lemons into investment project lemonade?

Last week, the governments of the United States and Japan completed a Memorandum of Understanding (MOU) to flesh out the details of a $550 billion pledge to invest in the United States made as part of the bargain to ‘buy down’ the tariffs imposed on Japanese traded products. For months,

What does Mexico's Impending Return to Single Party Government Mean for Attracting FDI?

While the election of Lopez-Obrador's anointed candidate, Claudia Sheinbaum, in the elections June 2 was no surprise in itself, her margin of more than 30 points over the principal opposition candidate Xochitl Galvez (and over 58% of the total vote) was a surprise to many observers. Similarly, few

Federal Court of Canada hearing Canada's application to set aside Bilcon NAFTA award

For those that may have missed it, the NAFTA Bilcon v Canada dispute was back in the news this week. In 2015, the Claytons and Bilcon of Delaware, a US company, were awarded compensation for breaches of NAFTA Articles 1105 (fair and equitable treatment) and 1102 (national treatment). The dispute

Financial University Organizes Conference on Russia and the WTO

On 19-20 May 2015, the Financial University of the Russian Federation held its first international conference on the topic of "WTO Law in the Legal System of the Russian Federation: Problems of Application and Teaching." To my knowledge, this was the first international legal conference held to address

Simon Says ....

It is apparent that Simon, “our fearless leader” is keen to rely on titles to assist in the interpretation of articles and text in treaties. While titles may be of some assistance in certain circumstances the particular use of textual analysis doesn’t seem nearly as determinative as Simon seems

Expropriation Through Taxation?

From AFP: US-owned bottled water giant Fiji Water shut down operations in the military-ruled Pacific nation Monday, branding it "increasingly unstable" and a risky place to do business. Fiji Water president John Cochran condemned the government's decision last week to hike taxes on the mineral water

Would Venezuela Nationalize a Toyota Factory?

It's a bit hard to believe, but news reports say it's possible: Venezuelan President Hugo Chavez ordered an investigation of Toyota Motor Corp., saying the world’s largest carmaker “can leave” should it fail to meet production quotas and technology-transfer laws. Toyota has refused to make