International Organisations Efforts in Regulating Foreign Direct Investments in the Host States

Mohammad Belayet Hossain


Despite various efforts made by the international organisations over the decades, the idea of concluding an international agreement on foreign investment is still some way off. Due to the protest from the developing states, at this moment, international organisations do not have this item on their active agenda. The objective if this paper is to provide a thorough understanding of the law of foreign investment and the interplay between law and politics in regulating foreign investment. This paper examines two questions, namely, what are the efforts of the international organisations of regulating foreign investment? How has the law been interpreted over the years? Using doctrinal research method, this paper will critically analyse various international instruments in order to find out their effort to regulate FDI in host states. The findings of this study show that contribution made by the UN and other international organisations may not have led to a triumphant conclusion of a universal instrument but they have spelt out the main principles of law governing the treatment of foreign investment under international law.


Foreign Investment; Glo-bacolisation; Multilateral Agreements; International Organisation; Regulation.

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Ahmed, Nazneen, and Dev Nathan, Improving Wages and Working Conditions in the Bangladeshi Garment Sector: The Role of Horizontal and Vertical Relations, 2014

Hossain, Mohammad Belayet, ‘International Economic Law and Policy: A Comprehensive and Critical Analysis of the Historical Development’, Beijing Law Review, 9.4 (2018), 524

Kinley, D. & Joseph, S., ‘Multinational Corporations and Human Rights: Questions about Their Relation’, Alternative Law Journal, 7.1 (2002), 7

Organization, World Trade, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations (Cambridge University Press, 1999)

Voss, Jan Ole, The Impact of Investment Treaties on Contracts between Host States and Foreign Investors (Martinus Nijhoff Publishers, 2011)

Watkins, K., & Fowler, P, Rigged Rules and Double Standards: Trade, Globalisation, and the Fight against Poverty (Oxfam, 2002)

Weschka, M, ‘Human Rights and Multinational Enterprises: How Can Multinational Enterprises Be Held Responsible for Human Rights Violations Committed Abroad’, Zeitschrift Fur Auslandisches Offentliches Recht Und Volkerrecht, 66 (2006), 625

Akinsanya, A. 1987. “International Protection of Direct Foreign Investment in the Third World.” 36 ICLQ 67.

Bayindir InsaatTurizm TicaretVeSanayi S.A. v Islamic Republic of Pakistan, (2005) ICSID Case No.ARB/03/29, Decision on Jurisdiction, para 121.

Islam, M. R., BITs of Bangladesh, The Daily Star, accessed February 18, 2019,

Nakib, M. N. (2014). Regulating Foreign Direct Investment for Development: Bangladesh in Context.

Rubin, S. J. 1992. “Introductory note’ to the ‘World Bank: report to the development committee and guidelines on the treatment of foreign direct investment.”31 ILM 1363.

Shihata, I.F.I. 1991. The World Bank in a changing world: Selected essays, Dordrecht: Martinus Nijhoff.

Witherell, W.H. 1995. ’The OECD Multilateral Agreement on Investment.” 4(2) Transnational corporations, 1–14.



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