Nasrollahi Shahri, Nima (2010): The Effectiveness of international investment instruments on the amount of foreign investment (a case study of Iran).
Preview |
PDF
MPRA_paper_36317.pdf Download (485kB) | Preview |
Abstract
This is an analytical study which aims to gauge the extent to which international treaties have been effective in directing foreign investment to Iran. The two types of treaties studied here include Bilateral Investment Treaties and Double Taxation Agreements. Data as to the amount of investment in Iran as well as some information regarding the domestic investment regulatory framework in Iran is presented. The country has experienced widely different attitudes towards investment in the last 30 years because of its domestic political changes and, of course, in response to international developments. Upon recovering from the initial nationalistic shock of the 1979 revolution, Iran has engaged in many international instruments in the last 15 years and has also made several changes to its domestic fiscal and investment laws to provide foreign investors with a more favourable investment climate. These attempts have partly succeeded in the sense that there has generally been an upward trend in the amount of foreign investment channelled to Iran since 1994. This amount, however, is still much lower than is the norm for a country of the size and natural resources of Iran. Through investigating different impediments to foreign investment in the country, the study finds that overwhelmingly political and non-legal factors such as the relationship between Iran and the West and the attitude of the Iranian administrations to international trade carry much greater weight than merely concluding treaties. Despite this, the number of treaties concluded could be a good indicator of the political climate of the country at any given time and it can be seen that the government’s plans for attraction of foreign investment have always been clearly more successful throughout periods when more treaties were signed.
Item Type: | MPRA Paper |
---|---|
Original Title: | The Effectiveness of international investment instruments on the amount of foreign investment (a case study of Iran) |
Language: | English |
Keywords: | Foreign direct investment in Iran, Bilateral investment treaties, Double taxation treaties; impediments to foreign investment in Iran; Foreign Investment Promotion and Protection Act of Iran |
Subjects: | E - Macroeconomics and Monetary Economics > E0 - General > E00 - General |
Item ID: | 36317 |
Depositing User: | Nima Nasrollahi Shahri |
Date Deposited: | 02 Feb 2012 06:15 |
Last Modified: | 03 Oct 2019 01:08 |
References: | Bilateral treaty of encouragement and protection of investment betweenthe Islamic Republic of Iran and the Kingdom of Sweden ( 5 December 2005) Act, Islamic Parliament of Iran, Ratified on 17 April 2006. Bilateral treaty of encouragement and protection of investment between the Islamic Republic of Iran and the Republic of South Africa (3 November 1997) Act, Islamic Parliament of Iran, Ratified on 31 October 2000. Bilateral treaty of encouragement and protection of investment between the Islamic Republic of Iran and the Republic of Macedonia( 12 July 2000) Act, Islamic Parliament of Iran, Ratified on 31 December 2001. Bilateral treaty of encouragement and protection of investment between the Islamic Republic of Iran and the Republic of Indonesia( 2 June , 2005) Act, Islamic Parliament of Iran, Ratified on 25 July, 2007. Bilateral treaty of encouragement and protection of investment between the Islamic Republic of Iran and the Republic of Yemen( 29 February 1996) Act, Islamic Parliament of Iran, Ratified on 14 May 2000. Bilateral treaty of encouragement and protection of investment between the Islamic Republic of Iran and the Government of Kuwait( 13 February 2006) Act, Islamic Parliament of Iran, Ratified on 27 August 2007. Bilateral treaty of encouragement and protection of investment betweenthe Islamic Republic of Iran and the Kingdom of Sweden( 31 July 1994 ) Act, Islamic Parliament of Iran, Ratified on 5 November 1996. Budget Act, Islamic Parliament of the Islamic Republic of Iran, Iranian Official Gazette,1993. No. 13966 dated 25/11/1371 (February 25, 1993). General Policies of Article 44 of the Islamic Republic of Iran Constitution, Exigency Council May 22, 2005. The Constitution of the Islamic Republic of Iran, The Constitutional council of wise experts, 1979. The Foreign Investment Promotion and Protection Act (FIPPA), Exigency Council, 2002. The law for the ownership of immovable property by foreign nationals, Iranian National Assembly, 1921. The law on Attraction and Promotion of Foreign Investment (LAPFI), The Iranian National Parliament, 1955. Organization for Economic Cooperation and Development: Draft Double Taxation Convention on Income and Capital: Report of the OECD Fiscal Committee (Paris, 1963), The United Nations model convention, UN General assembly, Amsterdam, 1980. Secondary Sources: Books: Department of Economic & Social Affairs (ed), United Nations Model Double Taxation Convention between Developed and Developing Countries, United Nations Publications, 2001. Guzman , Andrew T., Alan O. Sykes(eds), Research handbook in international economic law, United Kingdom, Edward Elgar Publishing Limited ,2007. Moosa, Imad A. Foreign direct investment: Theory, evidence andpractice, United Kingdom, Palgrave Publication ,2002. Sasseville, Arnold. B., J. and Zolt, E. (eds.). The taxation of business profits under tax treaties. Toronto: Canadian Tax Foundation, 2003. Sornaraja, M. The international law on foreign investment, United Kingdom, Cambridge university press, 2004. Sauvant, K.P., Sachs. L.E. (Eds.), The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows, Oxford/New York, Oxford University Press 2009. Articles: Afifi, Frajollah. “Impediments to Foreign direct investment in Iran”, unpublished LLM thesis, Shahid Beheshti University of Tehran, 2005. Akrami Moghadam, Marzieh. “An analytical study of bilateral investment treaties of encouragement and protection of foreign investment”, unpublished LLM thesis, Shahid Beheshti university of Tehran, 2000. Alfaro, L., A. Chanda, S. Kalemli-Ozcan, and S. Sayek. “FDI and Economic Growth, The Role of Local Financial Markets," Journal of International Economics 64, , (2004): 113-134. Amir Ahmadi, Hooshang, Weiping Wu. “foreign direct investment in developing countries” The journal of developing areas 28(January 1994): 167-190. Asiedu, E. “On the Determinants of Foreign Direct Investment to Developing Countries: Is Africa Different?” World Development 30, no (2002), 107-119. Blomstrom, M., Lipsey, R., & Zejan, M. “Is fixed investment the key to economic growth?” Quarterly Journal of Economics 111, no 1(1996): 269~76. Blomstrom, Magnus & Sjoholm, Fredrik, 1999. "Technology transfer and spillovers: Does local participation with multinational smatter?1," European Economic Review, Elsevier43, no4-6 (1999): 915-923. Caves, R., “Multinational firms, competition and productivity in host country markets” Economica 41(1974): 176–193. Figueroa, A.H. “Comprehensive tax treaties, in: Double Taxation Treaties between Industrialised and Developing Countries: OECD and UN Models – a Comparison” Proceedings of a seminar held in Stockholm (1990), at 44th Congress of the International Fiscal Association (Deventer: Kluwer Law and Taxation Publishers) (1992): 9–13, Fitzgerald, V. (2002) “International tax co-operation and capital mobility” Oxford Development Studies 30, no3 (2002): 251–266. Elkins, Z., Guzman, A., & Simmons, B. “Competing for capital: The diffusion of bilateral investment treaties, 1960–2000”. Working paper. University of Illinois, University of California at Berkeley and Harvard University, 2004. Hallward-Driemeier, Mary, “Do Bilateral Investment Treaties Attract Foreign Direct Investment? Only a Bit…And They Could Bite” World Bank Policy Research Working Paper No. 3121, June 2003. Iyoha, M. A. “An econometric study of the main determinants of foreign investment in Nigeria”, The Nigerian Economic and Financial Review6, no2 (2001). Jeswald Salacuse, “BIT by BIT: The Growth of Bilateral Investment Treaties and Their Impact on Foreign Investment in Developing Countries” 24 International Law24, (1990): 655-656. Kokko, A. Technology market characteristics and spillovers. Journal of Development Economics 43,(1994): 279-293. Kragen, Adrian A “Double Income Taxation Treaties:The O.E.C.D.Draft”, California Law Review52 (1964): 306-337. Lad-Ojomo, Olatokunbo. “What is the difference between Fair and equitable treatment standard and the Minimum standard of Treatment under customary international law”, CEPMLP Annual Review (CAR) 2008/2009. Lipsey, R.E. (1999). “The role of foreign direct investment in international capital flow” NBER Working Paper No. 7094. Lewis , Jason (2000) "Factors Influencing Foreign Direct Investment in Lesser Developed Countries” The Park Place Economist 8, no1(2000): 99-107. Mahdavi, Abolghasem. “An analysis of the role of foreign investment in economic growth”, Journal of Academic research(Persian)66, (2004): 181-208. Modibo, Ocran, T., ”Bilateral Investment Protection Treaties: A Comparative Study”, 8 New York Law School Journal of International law & Comp. L. (1986-1987); 401- 430. Nasrollahi Shahri, Nima. “The petroleum legal frame work of Iran”, 8 China and Eurasia Forum Quarterly 8, no1 (2010): 111-126. Neumayer, Eric & Spess, Laura, 2005. "Do bilateral investment treaties increase foreign direct investment to developing countries?," World Development, Elsevier 33,no10(2005): 1567-1585. Neumayer, Eric “Do double taxation treaties increase foreign direct investment to developing countries?” Journal of Development Studies 43 ,no8 (2007): 1501-1519. Nir Dagan & Oscar Volij & Roberto Serrano, 1999. "Feasible implementation of taxation methods," Review of Economic Design, Springer 4, no1 (1999): 57-72. Obadan, M.I. “Direct Foreign Investment in Nigeria: An Empirical Analysis”, African Studies Review25. no1 (1982):67-68. Oscar, M. Trelles I., “Double taxation/Fiscal evasion and international tax treaties”, Indiana Law review 12, no 2(1979): 341-378. Ogungbamila , Babatunde Lot, BITs Are they shields or swords in the hands of foreign investors, CEMLP Annual Review (CAR),2007/2008. Oulton, N. “Investment, Capital and Foreign Ownership” in UK Manufacturing, Discussion Paper, No. 141. National Institute of Economic and Social Research (NIESR) 1999. Parra, Antonio, Shihata, Ibrahim “Provisions on the Settlement of Investment Disputes in Modern Investment Laws, Bilateral Investment Treaties and Multilateral Treaties on Investment” ICSID Review12 (1997):287-303. Rahmani, Farideh. “Encouragement of foreign direct investment” Journal of Political and economic information 151-152, (2000): 164-189. Schwebel, Stephen M. “The overwhelming merits of bilateral investment treaties”, Suffolk Trans national Law Review32, (2008- 2009): 263-269. Simmons, R.S. (2006), “Does Recent Empirical Evidence Support the Existence of International Corporate Tax Competition?” Journal of International Accounting, Auditing and Taxation, 15 no1(2006): 16-31. Shihata, I., “Towards a Greater Depoliticization of Investment Disputes: The Roles of ICSID and MIGA”, 1 ICSID REV.-FILJ 1, 22 (1986). Shiravi, A., Ebrahimi, N., 2006. “Exploration and development of Iran's oilfields through buyback”, Natural Resource Forum30,(2006) 199- 206. Sornarajah, M.. State responsibility and bilateral investment treaties. Journal of World Trade Law 20, (1986)79–98. Tobin, Jennifer & Rose- Ackerman, Susan “Foreign Direct Investment and Business Environment in Developing Countries: The Impact of Bilateral Investment Treaties”, Yale Law & Economics Research Paper No. 293 at 22-23, 30-31 (May 2, 2005) Vandevelde, Kenneth J. “The Economics of Bilateral Investment. Treaties”, Harvard International Law journal 41 ,(2000) 469- 499. William W. Park, “ NAFTA Chapter 11 Arbitration and the Fisc: NAFTA's. Tax Veto”, Chicago. Journal of International Law2, (2001); 231-236. Xiaoying Li, Xiaming Liu, “Foreign Direct Investment and Economic Growth: An Increasingly Endogenous Relationship”, Worm Development 33, no 3(2005), 393-407, Xu, B. “Multinational enterprises, technology diffusion, and host country productivity growth” Journal of Development Economics 62, no 2(2000) , 477- 493. Internet sources and other: Abbasi, Ebrahimm. “Attraction of foreign investment in Iran”[in Persian], Hamshahri daily newspaper, http://www.topiranian.com/maghalat/archives/009827.html. (accessed December 11, 2010) Agheli, Ahmad., “Impediments to foreign investment”, Author’s personal web log http://agheli.blogfa.com/8601.aspx. (accessed December 12, 2010) “Agreements on the avoidance of Double taxation: Understanding our DTAs” http://www.iras.gov.sg/pv_obj_cache/pv_obj_id_867D105BE54EAB1A9ECF94767EB3CF588DFB0000/filename/dtawriteupforwebsiteamended.pdf.(accessed December 12, 2010) Alfaro, Laura and others. “Does Foreign Direct Investment Promote Growth? Exploring the Role of Financial Markets on Linkages” http://www.people.hbs.edu/lalfar /fdiandlinkages.pdf (accessed November 21, 2010) Askari, Hossein. “Iran's slide to the bottom", September 2010, Asia Times Website, http://www.atimes.com/atimes/Middle_East/LI15Ak01.html (accessed December 02, 2010) Asiedu, E. “Foreign Direct Investment in Africa: The Role of Natural Resources, Market Size, Government Policy, Institutions and Political Instability”, http://mpra.ub.uni-muenchen.de/19163/1/MPRA_paper_19163.pdf (accessed December 29, 2010) Avanessian, A., Torossian, Avanessian & Associates, “foreign investment in Iran”, www.bicc.org.uk/downloads/Foreign%20Investment%20in%20Iran .pdf.( accessed December 09, 2010) Campbell, Kelly. “Is Iran Facing an Economic Crisis?” ,May 2007, United States institute of peace, http://www.usip.org/publications/iran-facing-economic-crisis. (accessed December 02, 2010) Daliri, Hossein. “The history of foreign investment in Iran”, Aftab website, August 2, 2008,http://www.aftab.ir/articles/economy_marketing_business/fina ncial_economy/c2c121777109_foreign_investment_p1.php (accessed December 01, 2010) D'Amato Act”, Political Studies and Research Institute( PSRI), http://www.ir116 psri.com/Show.php?Page=ViewArticle&ArticleID=82&SP=Farsi. (accessed December 11, 2010) Dinda, Soumyananda, “Factors attracting FDI to Nigeria: an Empirical Investigation” 2009, http://web.up.ac.za/sitefiles/file/40/677/Dinda_March_17_09.pdf (accessed December 19, 2010) Emilio Agustín Maffezini v. Kingdom of Spain, ICSID Case No. ARB/97/7, Decision on Jurisdiction of 25 January 2000, 5 ICSID Reports 396 (2002). Ghani Nejad, Mousa, Navab, Mahdi “The challenges of foreign investment in Iran”[in Persian] , 2001, http://www.csr.ir/Center.aspx?lng=fa&abtid=06&&nxtid=14. (accessed December 12, 2010) Ghosh, Palash R. “While Iran's president assails Western capitalism, his country reels”, September 2010, http://www.ibtimes.com/articles/65146/20100923/iran-sanctionseconomy- gdp-inflation.htm. (accessed November 21, 2010) International monetary fund, “ Balance of payment manual”, 2008. Karim Zadeh, Abbas, “Some of the impediments to production and investment in Iran”, 3 Aug 2009, http://www.daneshju.ir/forum/sitemap/t-72757.htm. (accessed December 12, 2010) Majedi, Ali. “impediments to foreign investment”[in Persian] ,Iran Economist website, http://www.iraneconomist.com/economic/economic-articles/2901- 2009-04-20- 06-22-24.html. (accessed December 12, 2010). Nasrollahi Shahri, Nima. “Power Market reforms and Privatization of the electricity industry in the Iranian energy sector; anuphill struggle?” MPRA Working paper no. OECD Working Papers on International Investment: Fair and Equitable Treatment Standard in International Investment Law at http://www.oecd.org/dataoecd/22/53/33776498.pdf (last visited on 13/11/10). “One worthless zero in announcing the amount of foreign investment”, Tabnak news agency, (17 October 2007) http://www.tabnak.ir/fa/news/204/ (accessed December 28, 2010). Organization for investment, economic and technical assistance of Iran Website: http://www.investiniran.ir (accessed November 12, 2010) Palash R. Ghosh “While Iran's president assails Western capitalism, his country reels” International Business Times, 23 September 2010, http://www.ibtimes.com/articles/65146/20100923/iran-sanctionseconomy- gdp-inflation.htm. (Accessed December 02, 2010) “Problems, impediments and risks of foreign investment in Iran”,BoursNegar, 16 June 2007 http://boursenegar.com/newsdetail-fa- 2119.html. (accessed December 11, 2010). sarafraz, Leyla. “Economic reforms and foreign direct investment in Iran” REPEC working papers( Munich online repository) May 2002, . http://mpra.ub.uni-uenchen.de/1480. (accessed December 12, 2010) “The most important impediments to foreign investment were investigated” , No 6011, Resalat Newspaper, Page 16 Economic Page, 15 November 2006. “The problems of foreign investment in Iran”, Hamshahri online(The online version of the Iranian daily Hamshahri) http://www.hamshahrionline.ir/news-85107.aspx (accessed December 10, 2010) UNCTAD, “Fair and Equitable Treatment”, http://www.unctad.org/en/docs/psiteiitd11v3.en.pdf (accessed December 12, 2010) UNCTAD (1998), “Bilateral investment treaties in the mid-1990s”.New York and Geneva: United Nations. UNCTAD “world investment report: foreign direct investment and the challenge of development” (1999) (New York: United Nations). Willem teVelde, Dirk , “Foreign Direct Investment and Development An historical perspective” 2006, http://www.odi.org.uk/resources/download/594.pdf. (accessed December 29, 2010). |
URI: | https://mpra.ub.uni-muenchen.de/id/eprint/36317 |