Foreign investment law and developing countries

Abstract

The chapter seeks to highlight the importance of compliance with foreign investment law if developing countries’ wish to secure greater levels of FDI and enhance their participation in the global economy. The chapter examines developing countries’ historical attitudes towards international economic governance as highlighted in their post-colonial calls for a New International Economic Order. Developing countries’ post-colonial attitudes towards foreign investment law as well as Third World Approaches to International Law (TWAIL) are highlighted. The chapter then examines developing countries’ renewed scepticism towards foreign investment law, i.e. the BIT regime and the institution of investor-State arbitration. The final section illustrates that constructive participation in the foreign investment regime would prove more beneficial to developing countries than mere criticism and the constant backlash against this system as tolerance of and compliance with foreign investment law is crucial to developing countries’ future ability to attract FDI.