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Advanced Introduction to International Trade Law

Michael J. Trebilcock

A second and fully updated edition of the book previously entitled Understanding Trade Law, this book presents an accessible yet nuanced introduction to the basic structure and principles of international trade law. It explores the development of the international trade law regime, principally GATT and WTO law, and through clear and concise discussion of the many developments that have arisen, gives a streamlined overview of this notoriously complex area of legal study.
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11  Trade and investment

Michael J. Trebilcock


11.1  Introduction

Foreign direct investment (FDI) (which is the focus of this chapter) should be distinguished from portfolio investment. FDI typically involves some form of effective control and active management of assets in host countries, while portfolio investment typically involves passive investments in enterprises or government bonds in host countries. Over the last several decades, there has been a dramatic increase in FDI around the world, much of it between developed countries, but increasingly developing countries have been major recipients of FDI, including countries such as China, and in some cases have themselves become exporters of FDI (again, China is a prominent example).1 More than 40 per cent of world FDI inflows are directed to developing countries. FDI flows to developing countries now exceed foreign aid flows by a factor of about 5 to 1.2

In their early post-independence years, many former colonies viewed FDI with skepticism, and in some cases outright hostility, as it was perceived to be a new form of economic imperialism (reflected in dependency theories of development that were influential in many developing countries in the 1950s and 1960s). More recently, many developing countries have come to see FDI as having at least the potential for making significant contributions to their economies – as a source of investment in infrastructure, as a source of technology transfers and spillovers, as a source of investment in human capital and skills upgrading, as a source of investment in major natural resource extraction projects, and as...

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