The Investment Protection Agreement

Hong Kong PII gives foreign investors an additional guarantee that their investments are protected in Hong Kong and allow Hong Kong investors to benefit from similar protection with respect to their overseas investments. A typical IPPA provides, among other things, that can simple participation in a tender in another country be considered an «investment» and covered by an ILO? What about expectations for benefits or risk-taking? Sornarajah explains that the trend of BITs is to extend the scope of the definition of foreign investment to more than just the establishment of branches. However, each ILO sets different policies and these problems must be resolved on a case-by-case basis. An investor may invoke the obligation of a host State to provide him with full protection and security in situations where the host State has not prevented the physical destruction of the investor`s property by controlling the public policy authorities. It can also be successfully cited with regard to intangible assets. Another new development in the global AI system is to strengthen the conclusion of such agreements among developing countries. In the past, developed countries have generally entered into ESAs to protect their companies when investing abroad, while developing countries have tended to sign IAs to encourage and encourage the inflow of foreign direct investment from industrialized countries. The current trend towards strengthening IIA findings in developing countries reflects the economic changes underlying international investment relations. Developing and emerging countries are increasingly not only destination countries, but also important countries of origin of FDI flows. In line with their emerging role as foreign investors and their increased economic competitiveness, developing countries increasingly have the dual interest of encouraging inflows, but also of protecting the investments of their companies abroad. The definition of «investor» gives the potential of Forum Shopping by an investor.

In this case, an investor includes an entity in a given jurisdiction in order to obtain protection from an investment instrument. An example would be a British investor investing in the United States through an Egyptian company in order to obtain protection from the American Egyptian ILO. Unlike trade in goods and services, there is no single multilateral agreement on investment protection. It is also common for investment agreements to provide that an investor can count on the free transfer of investments and funds in and out of the jurisdiction in which he has invested. Investors can benefit from any of the above-mentioned instruments or a combination of instruments. For example, an investor who concludes an investment contract with a host State could also be covered by the protection provided for in an ILO. The main purpose of international tax treaties is to regulate the distribution of taxes on the global income of multinationals among countries. In most cases, this involves eliminating double taxation. . . .


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