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  • Online Resource  (8)
  • Gordon, Kathryn  (8)
  • Paris : OECD Publishing  (8)
  • Finance and Investment  (8)
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  • Online Resource  (8)
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  • Paris : OECD Publishing  (8)
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  • 1
    Online Resource
    Online Resource
    Investment Treaties over Time - Treaty Practice and Interpretation in a Changing World (2015)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: Online-Ressource (42 p.)
    Series Statement: OECD Working Papers on International Investment no.2015/02
    Keywords: Finance and Investment
    Abstract: Investment treaty law reflects a permanent tension between stability and flexibility. Stability nurtures predictability, while flexibility helps legal systems stay in alignment with changing circumstances and evolving needs. This paper establishes an inventory of the mechanisms in investment treaty law that provide flexibility and surveys relevant treaty practice. The paper: analyses the drivers of change in investment treaty law; provides an inventory of countries’ options – and limits – to alter their positioning vis-à-vis investment treaty law through ‘exit’ and ‘voice’; and analyses treaty provisions on, and States’ use of, flexibility in investment treaty law. The paper finds that most treaties provide for little or no mechanism for countries to influence the use and interpretation of investment treaty law. The paper further finds that treaty provisions for ‘exit’ are likewise geared to provide stability rather than flexibility. Analysis of State practice presented in the paper shows that States rarely make use of the mechanisms available to them to influence treaty use and interpretation and that ‘exit’ from the system has likewise been rare so far.
    DOI: 10.1787/5js7rhd8sq7h-en
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 2
    Online Resource
    Online Resource
    Investor-State Dispute Settlement : A Scoping Paper for the Investment Policy Community (2012)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: 1 Online-Ressource (102 p.) , 21 x 29.7cm.
    Series Statement: OECD Working Papers on International Investment no.2012/03
    Keywords: Finance and Investment
    Abstract: Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This scoping paper has supported inter-governmental dialogue about ISDS at several OECD-hosted investment Roundtable meetings. Part I compares ISDS with other international and domestic processes for resolving disputes including the WTO and European Court of Human Rights, and considers how ISDS may affect domestic policy making processes. Part II examines eight current and emerging issues in ISDS: (i) investors’ access to justice; (ii) the costs of ISDS cases; (iii) remedies for foreign investors under investment treaties and their possible impact on a level playing field for domestic and foreign investors; (iv) the enforcement and execution of ISDS awards; (v) third party financing of ISDS; (vi) the characteristics, selection and regulation of arbitrators in ISDS; (vii) forum shopping and treaty shopping by investors; and (viii) the question of the consistency of decision-making in ISDS. Part III outlines key findings from a statistical survey of ISDS provisions in 1,660 bilateral investment treaties. Public comment on this paper, including 46 investment policy questions (as outlined in the paper), was obtained in May-July 2012 and is available on the OECD website.
    DOI: 10.1787/5k46b1r85j6f-en
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 3
    Online Resource
    Online Resource
    Multilateral Influences on the OECD Guidelines for Multinational Enterprises (2005)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: 15 p. , 21 x 29.7cm
    Series Statement: OECD Working Papers on International Investment no.2005/02
    Keywords: Finance and Investment
    Abstract: The OECD Guidelines for Multinational Enterprises (the “Guidelines”) are one of many intergovernmental instruments that seek to promote economic, social and environmental progress. The OECD Guidelines do this by establishing concepts and principles for responsible business conduct that help “to ensure that the operation of [multinational enterprises] is in harmony with government policies, to strengthen the basis of mutual confidence between enterprises and the societies in which they operate, to help improve the foreign investment climate and to enhance the contribution to sustainable development...
    DOI: 10.1787/722274062346
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 4
    Online Resource
    Online Resource
    Corporate Responsibility Practices of Emerging Market Companies (2005)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: 33 p. , 21 x 29.7cm
    Series Statement: OECD Working Papers on International Investment no.2005/03
    Keywords: Finance and Investment
    Abstract: Emerging market companies make up 3.8 per cent of the FT500, the 500 largest global traded companies1 and 4.6 per cent of the Dow Jones Global Index of 2,500 companies. OECD statistics show that, while the bulk of international investment flows originate in the OECD, non-OECD countries are increasingly important sources of investment flows. This paper presents a fact finding study of the...
    DOI: 10.1787/713775068163
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 5
    Online Resource
    Online Resource
    The OECD Guidelines and Other Corporate Responsibility Instruments : A Comparison (2001)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: 17 p. , 21 x 29.7cm
    Series Statement: OECD Working Papers on International Investment no.2001/05
    Keywords: Finance and Investment
    Abstract: The OECD Guidelines are recommendations by governments to multinational enterprises (MNEs) operating in or from the 33 countries that adhere to the Guidelines. The Guidelines help ensure that MNEs act in harmony with the policies of countries in which they operate and with societal expectations. They are the only comprehensive, multilaterally endorsed code of conduct for MNEs. They establish non-binding principles and standards covering a broad range of issues in business ethics. The basic premise of the Guidelines is that internationally agreed principles can help to prevent misunderstandings and build an atmosphere of confidence and predictability among business, labour, governments and society as a whole. The recent review of the Guidelines, concluded in June 2000, brought significant change to the contents of the Guidelines’ recommendations and sought to enhance their distinctive implementation procedures. At the time of the review, many participants noted the intense ...
    DOI: 10.1787/302255465771
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 6
    Online Resource
    Online Resource
    Business Approaches to Combating Bribery : A Study of Codes of Conduct (2000)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: 19 p. , 21 x 29.7cm
    Series Statement: OECD Working Papers on International Investment no.2000/01
    Keywords: Finance and Investment
    Abstract: Bribery is becoming a high priority public concern and the legal framework and enforcement apparatus used in the fight against it are being developed in the OECD and elsewhere. Reflecting these civic and legal pressures, firms now often deal with bribery in their codes of corporate conduct – public statements of commitment to abide by a certain standard of business conduct. The question of what firms do internally in the fight against bribery is probably as important to the successful outcome of that fight as formal anti-bribery law and as the attitudes of the public. This paper looks at corporate approaches to anti-bribery commitment and at managerial approaches to implementing these commitments in an inventory of 246 codes of conduct. The paper shows that, while bribery is often mentioned in the codes of conduct, there is considerable diversity in the language and concepts adopted in anti-bribery commitments. This diversity is a feature of the language used in describing parties ...
    DOI: 10.1787/082658020086
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 7
    Online Resource
    Online Resource
    Deciphering Codes of Corporate Conduct : A Review of their Contents (1999)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: 33 p. , 21 x 29.7cm
    Series Statement: OECD Working Papers on International Investment no.1999/02
    Keywords: Finance and Investment
    Abstract: Evidence of public concerns about globalisation is pervasive -- in the newspapers, on the Internet and more formal discussions of public policy. The business community has been attempting to position itself with respect to these concerns. Indeed, voluntary efforts to define and implement appropriate standards for business conduct constitute one of the more prominent managerial developments in recent years. These efforts have also often involved significant contributions from NGOs, governments and intergovernmental organisations. The issuance of voluntary codes of conduct has been an important facet of these developments. Such codes are voluntary expressions of commitment made by an organisation to influence or control behaviour for the benefit of the organisation itself and for the communities in which it operates. Private companies and associations of companies have issued such codes, calling them codes of conduct, ethics statements or guidelines, in response to both internal and ...
    DOI: 10.1787/174727273520
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
  • 8
    Online Resource
    Online Resource
    Rules for the Global Economy : Synergies Between Voluntary and Binding Approaches (1999)
    Paris : OECD Publishing
    Details
    Language: English
    Pages: 20 p. , 21 x 29.7cm
    Series Statement: OECD Working Papers on International Investment no.1999/03
    Keywords: Finance and Investment
    Abstract: This paper explores the differences, similarities and synergies between voluntary and binding approaches to international rules. Voluntary efforts to ensure that firms adhere to appropriate standards of business conduct have been an important recent development in international business. These efforts have included the publication of codes of conduct describing the nature of a firm’s commitments in such areas as environment, labour, product safety and bribery as well as implementation of specialised management systems designed to help firms honour these commitments. Yet, some NGOs and labour unions question the credibility of these efforts and wonder whether initiatives that do not have the force of law can ever be effective. This paper notes that all approaches to the social control of business organisations – voluntary and legally binding -- have distinctive shortcomings. These include problems of: credibility arising from imperfect monitoring and enforcement; capture of the control ...
    DOI: 10.1787/044824660786
    URL: Volltext
    URL: lizenzpflichtig
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    Online Resource
    MPI Ethno. Forsch.
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