Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

European Conventional Practice of Protection of Investments Abroad

European Conventional Practice of Protection of Investments Abroad I. INTRODUCTION A. DEFINITIONS In most people's minds, "investment" implies economics. From the point of view of economics, to invest means to acquire an interest in one or more of a wide variety of capital goods for the purpose of developing a lucrative activity, as stated in the following excerpt: "Investment is defined by the economists as being any acquisition of capital goods undertaken with a view to receive or consume revenue. Private investments should produce profits; they are not acts of charity. Those who invest capital are often prepared to take the considerable risks implied in the establishment of new enterprises."1 I The legal approach, particularly the adaptation of investments as "economic phenomena" to the domain of international law and jurisprudence, is of rather recent date. (See Section ILB.) As a result, up until recently, investors often paid insufficient attention to the legal aspects of investments, particularly when cross-border transactions requiring extraordinary protection were envisaged. B. THE DISTINCTION BETWEEN "DIRECT" AND "INDIRECT" INVESTMENT An investment is considered as "direct" when capital goods are placed at the disposal of a commercial or industrial enterprise by the goods owner. As an investor, he assumes the management of the enterprise http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

European Conventional Practice of Protection of Investments Abroad

Journal of World Investment and Trade , Volume 3 (4): 41 – Jan 1, 2002

Loading next page...
 
/lp/brill/european-conventional-practice-of-protection-of-investments-abroad-SPHxR0EEcY
Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190002X00418
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION A. DEFINITIONS In most people's minds, "investment" implies economics. From the point of view of economics, to invest means to acquire an interest in one or more of a wide variety of capital goods for the purpose of developing a lucrative activity, as stated in the following excerpt: "Investment is defined by the economists as being any acquisition of capital goods undertaken with a view to receive or consume revenue. Private investments should produce profits; they are not acts of charity. Those who invest capital are often prepared to take the considerable risks implied in the establishment of new enterprises."1 I The legal approach, particularly the adaptation of investments as "economic phenomena" to the domain of international law and jurisprudence, is of rather recent date. (See Section ILB.) As a result, up until recently, investors often paid insufficient attention to the legal aspects of investments, particularly when cross-border transactions requiring extraordinary protection were envisaged. B. THE DISTINCTION BETWEEN "DIRECT" AND "INDIRECT" INVESTMENT An investment is considered as "direct" when capital goods are placed at the disposal of a commercial or industrial enterprise by the goods owner. As an investor, he assumes the management of the enterprise

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2002

There are no references for this article.