Miga and Foreign Investment: Origins, Operations, Policies and Basic Documents of the Multilateral Investment Guarantee Agency

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Ibrahim F. I. Shihata
Martinus Nijhoff Publishers, 1988 - 540 pages
The unique experience of the author in supervising the World Bank's efforts to create the Multilateral Investment Guarantee Agency is detailed in "Part I" of this book, which provides a case study for the successful preparation of a complex multilateral convention in record time. The book also provides an in-depth analysis of the operational and institutional aspects of MIGA relating them to the broader legal and economic issues concerning international investment flows. "Part II" deals with both MIGA's guarantee and non-guarantee operations. It covers in detail the different aspects of political risk insurance as well as the advisory and promotional services needed to encourage greater flows of capital and technology across national boundaries and towards developing countries in particular. "Part III" deals with three major institutional and policy issues which caused the greatest controversies in MIGA's preparatory work and raised questions that go beyond MIGA's concerns. These include the standards that apply to foreign investment, settlement of disputes and the organizational and voting structures of international financial institutions. This book should be of direct interest to a broad array of researchers and practitioners in the fields of international development, foreign investment, international law, political risk insurance and international financial organizations. The topicality of its subject and the prominence of its author add to the importance of the book which is likely to remain the most authoritative in its field for many years to come.
 

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Contents

ENCOURAGING THE FLOW OF FOREIGN
1
EARLY HISTORY THE WORLD BANKS
31
The Seven Staff Studies of 1983
48
Conclusion
54
THE MAKING OF MIGA A PERSONAL
61
Choosing the Forum for Finalization of the Text of the Convention
76
ELIGIBILITY REQUIREMENTS OF MIGAs
109
Breach of Contract
122
MIGA AND THE SETTLEMENT OF DISPUTES
257
Disputes between the Agency and Third Parties Other than Those Already Men
279
MIGAS ORGANIZATION AND VOTING STRUC
293
The Voting Structure in MIGAs Board and Council
304
Appendix 2 Convention Establishing the Multilateral Investment Guarantee Agency
353
Commentary on the Convention
391
Appendix 4 Draft Rules and Regulations
417
Appendix 5 Draft Application Forms
497

War and Civil Disturbance Risk
134
73
143
ADMINISTRATION OF GUARANTEE CON
147
163
190
MIGA AND THE STANDARDS APPLICABLE
217
Selected Bibliography on the Guarantee of Investment Against NonCom
511
Main Features of a Proposed Multilateral Investment Guarantee Scheme
514
Index
525
Copyright

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