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The BRIC States and Outward Foreign Direct Investment$
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David Collins

Print publication date: 2013

Print ISBN-13: 9780199652716

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199652716.001.0001

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The Multilateral Agreement on Investment in Services: Scope and Obligations

The Multilateral Agreement on Investment in Services: Scope and Obligations

(p.133) 6 The Multilateral Agreement on Investment in Services: Scope and Obligations
The BRIC States and Outward Foreign Direct Investment

David Collins

Oxford University Press

This chapter reviews the principle obligations of multilateral treaties. It first provides an overview on a proposed Multilateral Agreement on Investment in Services (MAIS). It then outlines the major obligations contained in the proposed global foreign direct investment (FDI) in services treaty. The MAIS aim to regulate investment in services only. It will not deal with double taxation issues. All forms of intellectual property should be included in the definition of ‘investment’ in the MAIS. In addition, a definition of ‘services’ must be supplied. The MAIS should also state that parties have the right to expropriate foreign investments. It must elaborate that host states are not under any obligation to compensate for inherent disadvantages that foreign investors may suffer. The MAIS would be advantageous, since it would be sector-specific in its focus. Its purpose would also be to liberalise FDI.

Keywords:   foreign direct investment, multilateral agreement on investment in services, intellectual property, host states, foreign investors, multilateral treaty, principle obligations

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