International Organisations Efforts in Regulating Foreign Direct Investments in the Host States
[187] Sriwijaya Law Review Vol. 4 Issue 2, July (2020)
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International Organisations Efforts in Regulating
Foreign Direct Investments in the Host States
Mohammad Belayet Hossain
a
a
School of Law, Universiti Utara Malaysia, Malaysia and School of Law, Chittagong Independent University of
Bangladesh, Bangladesh. Email: galib@ciu.edu.bd
Article Abstract
Keywords:
Foreign Investment; Glo-
bacolisation; Multilateral
Agreements; International
Organisation; Regulation.
Article History
Received: Sep 17, 2019;
Reviewed: Jul 19, 2020;
Accepted: Jul 21, 2020;
Published: Jul 31, 2020.
DOI:
10.28946/slrev.Vol4.Iss2
.405.pp187-204
Despite various efforts made by the international organisations over the dec-
ades, the idea of concluding an international agreement on foreign investment is
still some way off. Due to the protest from the developing states, at this mo-
ment, international organisations do not have this item on their active agenda.
The objective of this paper is to provide a thorough understanding of the law of
foreign investment and the interplay between law and politics in regulating for-
eign investment. This paper examines two questions, namely, what are the ef-
forts of the international organisations of regulating foreign investment? How
has the law been interpreted over the years? This paper will critically analyse
various international instruments using a doctrinal research method in order to
find out their effort to regulate FDI in host states. The findings of this study
show that contribution made by the UN and other international organisations
may not have led to a triumphant conclusion of a universal instrument. Howev-
er, they have spelt out the main principles of law governing the treatment of
foreign investment under international law.
©2020. This article is an Open Access Research distributed under the term of the Creative Commons At-
tribution License (https://creativecommons.org/licences/by/4.0), which permits unrestricted use, distribu-
tion, and reproduction in any medium, provided the original works is properly cited.
INTRODUCTION
‘Globacolisation' is a combination of two words: globalisation and colonisation. Indeed, foreign
investment has made a positive contribution to developing the economy of many developing and
least-developed countries over the last few decades. At the same time, it is also true that the devel-
oped states and powerful multinational enterprises became greedier to make a profit in the name of
democracy, such as human rights. If we analyse the history of the last few decades, we will see
that even a country was invaded by the dominant developed nations just to fill up their hunger for
natural resources. At present, Venezuela is in the pipeline of invasion due to its huge natural re-
sources, which has become a curse instead of blessings. Therefore, to fulfil the purpose of globa-
colisation, the developed states required the weaker host states to liberalise their national laws and
enact laws in favour of foreign investments. In doing so, these states have opened their door for
ISSN Print: 2541-5298
ISSN Online: 2541-6464
187-204