Confiscation
occurs when no compensation is provided
Expropriation
Governmental action to dispossess a foereign company or investor; Compensation should be provided in a prompt, effective and adequate manner
nationalization
a government takes control of some or all of the enterprises in an entire industry
Creeping of expropriation
limits economic activities of foreign firms
May include:
-Limites on repatriation of profits, dividends, or royalties
-Technical assistance fees
-increased local content laws
Common vs Civil Law
The napoleonic code of 1804 drew on roman legal systems an is the basis for continental european law today. Code law is also known as civil law.
Common Law:
-companies are legally incorporated by state authority
-Code law is used in only a few areas: The US uniform Commercial Code
Civil Law:
Anti Trust Issues
Bribery and Corruption
Foreign Corrupt Practices Act:
Omnibus Trade and Competitiveness Act:
-allows for grease payments to cut red tape
Arbitration
Settles disputes outside of court