Investment Law Reform : A Handbook for Development Practitioners

Investment Law Reform : A Handbook for Development Practitioners

The chief purpose of this handbook is to provide government lawyers with a framework to evaluate the quality of a country's investment legislation (if it exists) and how the legislation relates to its investment policy and investment incentive...

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Bibliographic Details
Main Author:	World Bank Group
Format:	Working Paper
Language:	English en_US
Published:	World Bank, Washington, DC 2016
Subjects:	AMOUNT OF CAPITAL ARBITRATION AUTHORIZATION REQUIREMENT BANKING SYSTEMS BARRIER BONDS BUSINESS ENVIRONMENT CAPACITY CONSTRAINTS CENTRAL BANKS CIVIL LAW CLIENT COUNTRY COMMERCIAL BASIS COMMON LAW COMMON MARKET COMPETITION POLICIES COMPETITIVE MARKETS COPYRIGHT CLEARANCE COPYRIGHT CLEARANCE CENTER COUNTRY RISK CROSS-BORDER FLOWS DEBENTURES DEBT DEBT INSTRUMENTS DEGREE OF LIQUIDITY DEVELOPING COUNTRIES DEVELOPING COUNTRY DEVELOPING ECONOMY DIRECT INVESTMENT DIRECT INVESTMENTS DISPUTE RESOLUTION DOMESTIC INVESTMENT DOMESTIC INVESTORS ECONOMIC CRISES ECONOMIC DEVELOPMENT ECONOMIC INTEGRATION ECONOMIC POLICIES ECONOMICS ENTRY BARRIERS ENTRY REQUIREMENTS EPZ EQUIPMENT EQUITY CAPITAL EQUITY SECURITIES EXCHANGE COMMISSIONS EXPORT PROCESSING ZONE EXPROPRIATION FINANCE CORPORATION FINANCIAL FLOWS FINANCIAL MARKETS FLOWS OF CAPITAL FOREIGN CAPITAL FOREIGN COMPANIES FOREIGN COMPANY FOREIGN DEBTS FOREIGN DIRECT INVESTMENT FOREIGN EXCHANGE FOREIGN INVESTMENT FOREIGN INVESTMENTS FOREIGN INVESTOR FOREIGN INVESTORS FOREIGN MARKETS FOREIGN NATIONAL FOREIGN NATIONALS FOREIGN OWNERSHIP FREE TRADE FREE TRADE AGREEMENT FREE TRADE AGREEMENTS FUND INVESTMENT GOOD INVESTMENT CLIMATE GOVERNMENT POLICY GOVERNMENT REVENUE GROSS DOMESTIC PRODUCT HEDGE FUNDS HOLDING HOST COUNTRIES HOST COUNTRY HOST GOVERNMENT HUMAN RESOURCES INCOME INCOME LEVELS INCOME TAX INDIVIDUAL INVESTOR INDIVIDUAL INVESTORS INSTITUTIONAL BARRIERS INSTITUTIONAL INFRASTRUCTURE INSTRUMENT INSURANCE INTERNATIONAL BANK INTERNATIONAL COOPERATION INTERNATIONAL COURT INTERNATIONAL DEVELOPMENT INTERNATIONAL FINANCE INTERNATIONAL INVESTMENT INTERNATIONAL LAW INTERNATIONAL STANDARDS INTERNATIONAL TRADE INTERNATIONAL TRADE LAW INVESTING INVESTMENT AGREEMENTS INVESTMENT CLIMATE INVESTMENT CLIMATE REFORM INVESTMENT CLIMATES INVESTMENT CODE INVESTMENT DECISIONS INVESTMENT DISPUTES INVESTMENT FUNDS INVESTMENT INCENTIVES INVESTMENT MARKETS INVESTMENT OPERATIONS INVESTMENT POLICIES INVESTMENT POLICY INVESTMENT PROCESS INVESTMENT PROJECTS INVESTMENT PROMOTION INVESTMENT REGIMES INVESTMENT REGULATION INVESTMENT REGULATIONS INVESTMENT REQUIREMENT INVESTMENT REQUIREMENTS JOB CREATION JUDICIAL ENFORCEMENT JURISDICTION JURISDICTIONS LABOR MARKET LABOR MARKETS LEGAL DRAFTING LEGAL FRAMEWORK LEGAL FRAMEWORKS LEGAL INSTRUMENTS LEGAL PROVISIONS LEGAL SYSTEM LEGAL SYSTEMS LEGAL TOOL LEGAL TRADITION LIBERAL ENTRY LIBERALIZATION LICENSING AGREEMENT LIMITED LIABILITY LIMITED LIABILITY COMPANIES LOCAL CAPACITY LOCAL CURRENCY LONG-TERM INVESTMENT MACROECONOMIC CONDITIONS MACROECONOMIC POLICY MARKET ACCESS MARKET ENTRY MARKET STRUCTURES MINIMUM CAPITAL REQUIREMENT MINIMUM CAPITAL REQUIREMENTS MINORITY SHAREHOLDINGS MODEL LAW MODEL LAWS MONETARY FUND MONOPOLIES MONOPOLISTIC MARKET NATIONAL SECURITY NATURAL RESOURCES OPPORTUNITY COSTS PEP PHYSICAL ASSETS POLITICAL RISK PORTFOLIO PORTFOLIO INVESTMENT PORTFOLIO INVESTMENTS POTENTIAL INVESTORS POVERTY ALLEVIATION PRIVATE CAPITAL PRIVATE INVESTMENT PRIVATE INVESTMENTS PRIVATE INVESTORS PRIVATE PROPERTY PRIVATE SECTOR DEVELOPMENT PROFIT ORGANIZATIONS PROPERTY RIGHTS PROTECTING INVESTORS PUBLIC INVESTMENT REFORM PROGRAMS REGIONAL INTEGRATION REGULATORY AUTHORITIES REGULATORY FRAMEWORK REGULATORY FRAMEWORKS REGULATORY REFORM REMITTANCE RESTRICTIVE INVESTMENT POLICY RULE OF LAW SECURITY INTERESTS SETTLEMENT SHAREHOLDER STATE ENTERPRISES STATEMENT STOCKS TAX TAX OBLIGATIONS TAX POLICIES TAX POLICY TAX REVENUES TAX SYSTEM TECHNICAL ASSISTANCE TELECOMMUNICATIONS TRANSITION COUNTRIES TRANSITION ECONOMIES TRANSPARENCY TREASURY TREATIES TREATY URBANIZATION WORLD TRADE
Online Access:	http://documents.worldbank.org/curated/en/2016/09/20278274/investment-law-reform-handbook-development-practitioners http://hdl.handle.net/10986/25206

Description
Summary:	The chief purpose of this handbook is to provide government lawyers with a framework to evaluate the quality of a country's investment legislation (if it exists) and how the legislation relates to its investment policy and investment incentives. More specifically, it deals with creating new and reforming existing investment legislation in developing and transition economies in furtherance of the World Bank Group's (WBG's) mandate to promote private investment - domestic and foreign - in those economies. Handbook appendices contain drafting guidelines and checklist of issues that foreign direct investment (FDI) laws should include and that countries can use when drafting investment legislation. The report is structured as follows: chapter one defines key terms about investment law reform in an effort to clarify terminology and concepts and show how they are related. Chapter two examines how widespread investment codes are and explains their utility and limitations. Chapter three provides recommendations on the structure of investment legislation and the key provisions to be included such as definitions, investors' guarantees, incentives, framework for investment promotion, and transitional provisions. Chapter four discusses the fundamental issue of investor entry, in particular the conditions under which foreign investors can invest including sectoral restrictions, limitations on foreign ownership, authorization and screening, minimum investment, and performance requirements. Chapter five discusses key investor guarantees including fair and equitable treatment, national treatment, most-favored-nation (MFN) treatment, protection against expropriation, guaranteed convertibility and repatriation of profits, and settlement of disputes. Chapter six looks at the issue of investment incentives, (fiscal incentives in particular) and their effectiveness. Chapter seven summarizes key aspects of investment promotion to guide legal drafters, should policymakers want the investment code to set out the basic framework of investment promotion. Chapter eight presents the various phases of investment law reform projects, from the government's request for assistance with legislation to the delivery of a project plan. Chapter nine identifies some of the challenges in preparing an investment code and the support that governments may need until the law is promulgated. Chapter ten discusses the monitoring and evaluation (M and E) of investment law reforms, including the key indicators involved in a desk review and medium- and large-scale projects.