Principles of International Investment Law.

1. There has been dramatic development on the principles of international investment law. Critically discuss in relation to TWO only of the following topics: (a) fair and equitable treatment; (b) full protection and security; (c) non-discrimination; (d) expropriation; (e) umbrella clauses. 2. ?In reality, cross-listing may be pursued by issuers for a number of good reasons, but for the majority of issuers, corporate governance self- improvement apparently is not among them. Instead of bonding, most issuers may actually be avoiding better governance (Licht, 2003) Discuss. 3. ?The main objective of [the US insolvency regime] is to maintain the business as a going concernIn contrast, [that of the UK] is the repayment of creditors claims. (Franks and Torous, 1992) Discuss. 4. Corporate social responsibility (CSR) has been advertised as a business strategy that goes beyond risk mitigation towards proactively solving social problems critical to the operation of the business. To what extent does CSR succeed in becoming the driving force for the ethical transformation of the modern business culture or is it just a window-dressing public relations exercise? 5. Corruption and bribery not only undermine fair competition and severely affect the profitability of businesses on a global basis, but they also divert crucial public resources away from their legitimate use, denying citizens essential public services. However, there are companies, which despite complying with the rules against corruption, can find themselves losing business to less ethical competitors who are willing to take the risk and engage in corrupt conduct. Critically discuss the above statement, focusing on how governments and companies can develop and engage in effective anti-corruption measures. 6. Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts [2014] OJ 94/1 is bound to contribute to the dynamisation of infrastructure markets in the EU. Critically assess the above statement, with a special focus on the suitability of concession contracts for the financing of long-term financing of infrastructure projects. 7. The exclusion of the water sector from Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts [2014] OJ 94/1 was necessary in order to avoid the privatisation of such an important public good. Critically assess the above statement, with reference to the transfer of public property within concession agreements.

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