Question

In: Accounting

According to a 2019 report by the Zambia Institute for policy Analysis and Research (ZIPAR) a...

According to a 2019 report by the Zambia Institute for policy Analysis and Research (ZIPAR) a good investment contract for development countries must relect all issues and actors,not just private law tenature objectives of investors.

Required:

Outline and discuss two (2) attributes of a good Investment Promotion Protection Agreement (IPPAs).[6marks]

Solutions

Expert Solution

Hong Kong has been endeavouring to sign Investment Promotion and Protection Agreements ("IPPAs" or "Investment Agreements" in short) with foreign economies in order to enhance two-way investment flows and boost our economy. An IPPA is an agreement between governments for the promotion and protection of investments made by investors of one contracting party in the area of the other contracting party.

Hong Kong's IPPAs give additional assurance to overseas investors that their investments in Hong Kong are protected, and enable Hong Kong investors to enjoy similar protection in respect of their investments overseas.

A typical IPPA provides for, among others, the following:

  • fair and equitable treatment of investments;
  • full protection and security of investments;
  • non-discriminatory treatment of investments;
  • non-discriminatory treatment in compensation for losses owing to, among others, war or other armed conflict;
  • compensation for expropriation of investments;
  • free transfer abroad of investments and returns;
  • settlement of investment disputes between a contracting party and an investor of another contracting party; and
  • settlement of disputes between the contracting parties on interpretation or application of the IPPA.

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