Research on the Performance Requirements under International Investment Law

• Main Authors: HO, WAN-CHEN, 何宛真
• Other Authors: Wang, Chen-Yu
• Format: Others
• Language: en_US
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/16013904483945858703

碩士 === 國立臺北大學 === 法律學系一般生組 === 102 === In recent years, foreign direct investment (hereinafter ‘FDI’) becomes increasingly important in the global economy. FDI brings not only capital inflows, but also job opportunities, technology transfer and other advantages. In order to attract FDI inflows, countries have implemented a variety of investment policies. Among those policies, performance requirement is one of the most important policy instruments.Performance requirements are stipulations, imposed on investors, requiring them to meet certain specified goals with respect to their operations in the host country. In respect that large amount of FDI inflows may result in loss of local economic autonomy, countries implement performance requirements, such as local content requirements, export requirements, and so on, to reduce above risks and further to optimize the benefits of FDI. However, there are divergent views as regards the effectiveness of performance requirements to achieve this end. While some countries regard performance requirements as an essential instrument in a country’s FDI policy package, others tend to argue that their impact on investments is at best limited and at worst costly and counter-productive. Since the majority of home countries of investors are developed countries, they regard that performance requirements would seriously interfere with investors’ operation activities, and reduce their benefits. In order to protect their investors, countries led by the United States began to establish the prohibition provisions of performance requirements in the multilateral, regional and bilateral investment agreements. This thesis will proceed with an analysis in three parts: first, searching the substantial means of performance requirements, including definition, classification and effectiveness. Second, surveying the relevant prohibition provisions of performance requirements in the current multinational, regional and bilateral investment agreements. The last, reviewing Taiwan’s foreign investment policies and the performance requirements prohibition provisions in the Taiwan’s bilateral investment agreements. This thesis is addressed toTaiwan’s government officials and researchers. It seeks to provide balanced and detailed analysis of issues on performance requirements under international investment law.