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Methodology paper for PHD research, the proposal is ready but the methodology needs to be amended - Essay Example

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METHODOLOGY PAPER Proposed Topic: The Regulation of International Capital movement under Bilateral Investment Treaties: A Critical Analysis 1. INTRODUCTION Starting in the 1990s, there has been a steady increase in the bilateral investment treaties (BITs)…
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Methodology paper for PHD research, the proposal is ready but the methodology needs to be amended
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Download file to see previous pages As the Gulf countries traded with the world, they have gained both capital and expertise to go beyond the passive investments that have dominated the flow of capital in the region in the past. Legrenzi and Momani have pointed this out, arguing that the profits accumulated from the years of stable and high oil prices have enabled the GCC states to have a wider range of investment choices. (p20) A parallel development is the perception that BITs have or will create a special limb of international customary law. (Dolzer and Schreuer, 2008, p2) It has been argued for the most part that BITs have evolved to such an extent that they have their own unique regulatory laws within the wider scope of international commercial laws. (Dolzer and Schreuer, p2) This expectation led to the favorable attitude on BITs. Sornarajah, however, raised an interesting point warranting further exploration and research. According to him, the fact that there has been an increase in BITs for some time and no legal standards has been established as yet should already demonstrate how these treaties have not been able to create the “customary principles of international law” for protecting the movement of foreign capital. ...
Oil prices, for its part, has now become relatively impervious of late as the highly integrated international system become more and more strict in addition to how the world is scrambling to tap alternative energy sources. Therefore, the need for BIT regulation is underscored. Aside from intelligent investment decisions, the GCC member-states have used regulatory mechanisms to control international capital movement especially concerning the BITs in a bid to prevent and mitigate risks and threats. This paper will explore this theme. The aim is to outline the current capital movement landscape, identify the regulatory mechanisms that govern it (i.e. statutes, treaties, etc.) and assess their strengths, failures, points of opportunities and challenges. 2. SOURCES AND DATA ANALYSIS This research uses several approaches within the qualitative method of inquiry. The sources of the information, hence, are composed of both primary and secondary data, which will often be referenced in order to outline specific cases and important statutes that govern BITs. These sources can include academic journals as well as other texts published on the subject (i.e. published dissertations and news reports), Internet sources in addition to data available from corporate websites among other documents released and published by organizations, individuals and documents from the GCC governments and their agencies. Relevant information from international organizations will also be used. In addition, this study will also conduct interviews on selected resource persons, which could be composed of legal luminaries, specializing in the GCC jurisprudence, investors, policymakers and other stakeholders that are authoritative in discussing the GCC BIT subject. The number of these resources would ...Download file to see next pagesRead More
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