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Bilateral Investment Treaties And Its In Depth Analysis

Analyzing the parties benefited from Bilateral Investment Treaties during war in Iraq. Sample written by expert writers of Global Assignment Help UK provides valuable insights on this treaty.

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Bilateral Investment Treaties And Its In Depth Analysis

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  1. Analyzing the parties benefited from Bilateral Investment Treaties: A case- study of ‘War in Iraq’ Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  2. Table of Contents 1. INTRODUCTION ...................................................................................................................... 1 Background ................................................................................................................................. 1 Rationale ..................................................................................................................................... 2 Problem statement ....................................................................................................................... 3 Aims and objectives .................................................................................................................... 3 Research questions ...................................................................................................................... 4 Scope of the study ....................................................................................................................... 4 2. LITERATURE REVIEW ........................................................................................................... 4 Meaning and necessity of Bilateral Investment Treaties ............................................................ 5 Advantages and disadvantages of BITs to foreign investors and host government ................... 5 Methodological framework ......................................................................................................... 6 3.ANALYSIS, FINDINGS AND INTERPRETATION ............................................................... 8 Results ......................................................................................................................................... 8 Findings and analysis ................................................................................................................ 11 4. CONCLUSION AND RECOMMENDATIONS ..................................................................... 13 Recommendations ..................................................................................................................... 14 5. CRITICAL REFLECTIONS AND LEARNING ..................................................................... 16 REFERENCES ............................................................................................................................. 17 Appendix-I: Questionnaire............................................................................................................ 18 Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  3. Table of Figures Figure 1: Pie chart ........................................................................................................................... 8 Figure 2: Bar graph ......................................................................................................................... 9 Figure 3: Bar graph ......................................................................................................................... 9 Figure 4: Bar graph ....................................................................................................................... 10 Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  4. Title:Analyzing the parties benefited from Bilateral Investment Treaties: A case study of ‘War in Iraq’ 1. INTRODUCTION Background There has been witnessed systematic failure of governments to conclude Multilateral Agreement Investments (MAIs). With the result of this, clear shift was driven to bilateralism in last decade of twenty first century. Thus, the era of 1990s saw an explosion of Bilateral Investment Treaties (BITs). Since there are more than 2500 BITs that are being negotiated everyday and it is considered to be a significant figure. Primarily, Bilateral Investment Treaties were designed by Western capital-exporting governments for protecting investors especially in developing countries. Thus, treaties were coined for supplementing domestic legal systems for providing greater levels of protection against property interferences, guaranteeing for free repartition of capital and restricting the discrimination against foreign investments and investors (Fietta, 2005). Thus, Bilateral Investment Treaty can be defined as an agreement between two countries with the aim to promote protection of investments made by investors from respective countries. Main objectives of such treaties are: •Protecting investment in those countries or for those investors’ rights that are not already protected by any other existing agreement •Stimulating the adoption of market oriented domestic policies which treat private investment in a transparent and non discriminatory way (Sornarajah, 2008). Other than the above mentioned objectives of these investment treaties is to permit foreign investors to sue their host government under international law if any alleged breach of treaty obligation is witnessed/experienced. In last few couple of years, an ongoing debate has taken place to determine/identify extent to which investment treaties provide adequate safeguard for functions of legal system such as taxation, regulation and applicability of human rights (Eilmansberger, 2009). In this regard, the case of “War in Iraq’ has become a vigorous topic of debate because as it argues in favor and against of Iraq in context to humanitarian interventions. The case study does not only cover the debate related to humanitarian interventions but regarding the most beneficiary party also. Thus, the debate has become relevant to contemporary era because the powers of foreign investors and government can be balanced. Thus, there are various Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  5. advantages and disadvantages of investment treaties to both host government and investors from abroad. In this case, host government is Iraq and investors from abroad who are talked about are oil investors in US. There are no such studies which have been carried out to identify the most benefited party among these two i.e. US and Iraq Thus, it will be interesting to know the actual winner of this game as it may be a zero sum game or may be a win-win approach by both of the parties. Rationale By undertaking rational study for any research that is to be carried out with pre determined idea, the viability of the research can be predicted. Therefore, for this research study also, feasibility analysis has been undertaken. The reasonable justification for a study can be given if researcher identifies the issues and solutions for the same in order to illuminate worth bearing finding. Major issue in this study is to identify the actually benefited party in Bilateral Investment Treaties which is a difficult task as it depends upon agreement to agreement. Thus, it is very difficult to make generalized conclusions. The issues has become more vigorous in contemporary era as isolation has become just a theoretical concept for economies now as dependency of world economies from growth perspective is increasing drastically. In this era, the dominance of OPEC countries is increasing on Non OPEC Countries. Thus, this study will be helpful in understanding the benefits of BIT to its parties. After War in Iraq, US got several benefits as there was a threat that Iraq would dominate world economies due to oil. Therefore, in practical world, countries need to make various agreements and therefore, significance of this study can be predicted. The above described issue will be solved by designing appropriate methodology and using rational approach. Therefore, the benefits to both parties (Iraq and US) have been studied by systematic methodology to reach desired outcomes. The present study sheds light on uncovered area in existing literature i.e. benefited party from BITs. Thus, this was rational to carry out this research as it takes the audience from known to unknown facts. This is a sample on Bilateral Investment Treaties for complete Assignment writing services Kindly, contact Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK. us at: +44 203 3555 345

  6. Problem statement Before determining aims and objectives of a research study, it is essential to formulate problem statement for the study and solution to the same so that systematic methodology can also be designed. In this research, main problem is to identify the extent to which each party (Iraq and US) in a bilateral agreement is benefited. There may be several means in which the advantages can be reaped by both parties. Thus, the pros and cons for both parties will be evaluated with statistical application to solve this problem and reach desired outcomes. Therefore, a case of Iraq and US has been used to infer conclusions regarding benefits to each from utilitarian perspective. Aims and objectives Aim in the context of academic research can be seen as the final destination where researcher wants to reach at conclusion. On the other hand, objectives are simplified statements which are developed for articulating aim. The aims and objectives for this study have been formulated based on which the methodology and further study has been undertaken. Objectives: Aim: To analyze the parties benefited from Bilateral Investment Treaties: A case study of ‘War in Iraq’ •To understand meaning and significance of Bilateral Investment Treaties •To identify the benefits to foreign investors and host governments as a result of BIT in Iraq and US Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  7. •To evaluate the disadvantages/limitations to US and Iraq as a result of Bilateral Investment Treaty agreement for investment in oil industry •To analyze the most beneficial party of bilateral agreement in order to recommend improvements in future BIT agreements Research questions Along with objectives, research questions have also been formulated in this heading in order to assist quick addressing of objectives. Research questions can be defined as interrogative statements which are framed in such a way that answering to the same can result in achieving the objectives. Research questions corresponding to each objective are listed below: 1.What is the meaning and significance of bilateral agreement to Iraq and US? 2.How Iraq and USA are benefited as a result of Bilateral Investment Treaty agreements? 3.How Iraq and US government witnessed disadvantages/limitations as a result of Bilateral Investment Treaty agreement? 4.Which is the most beneficial party of bilateral agreement in order to recommend improvements in future BIT agreements? Scope of the study The present study is limited to analysis of a particular case related to war and agreement between US and Iraq. However, from another perspective, it can be seen as a bilateral agreement between OPEC and Non OPEC Country which can extend the scope of this research. Thus, this research has been undertaken to draw the conclusions for betterment of future negotiations from concerning parties. However, it does not cover the challenges faced by investors in US and hosting party. 2. LITERATURE REVIEW For successfully conducting any research investigation a very important and crucial role is played by the literature review section. It helps both researcher and readers in understanding different concepts used in the scholarly work and also for developing a conceptual clarity and theoretical base. This way desired aim and objectives can be attained with great ease and comfort. In the following paragraphs and points different aspects related to the current topic have been assessed by reviewing various previous research work carried out on the subject matter. Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  8. Meaning and necessity of Bilateral Investment Treaties Bilateral Investment Treaties (BITs) are also known as 'international agreements' which helps in determining as well as establishing terms and conditions for private investments by nationals or individuals and companies of one country to the other one (Eilmansberger, 2009). In recent years, this form of agreement between two nations has emerged to become one of the most prominent and effective methods through which private investors and business firms can invest in a nation and relations between two nations can be increased, as said by Dolzer (2005). In this regard Stevens (2009) opines that considering modern times and the relations that countries today share with one another are not in a very good condition, because of which aspects such as BITs have become very important and even of very crucial nature to the nations. Spess (2003) states that first generation of such treaties were Friendship, Commerce and Navigation Treaties (FCNs), where the host government was required to treat investors from other state, i.e. a nation, in the same manner as it would treat local investors (Neumayer, 2006). On the other hand, second generation treaties are the BITs and they help in establishing actionable standards of conduct which are applicable to governments in their treatment of investors from other countries. It helps in ensuring the aspects and principles such as fair and equitable treatment; protection from expropriation; free transfer of means and full protection and security to the investors, as argued by Salacuse (2000). Herein, one of the major points that describes importance and necessity of BITs in the modern age is that it helps the involved parties in developing effective relations with one another and increasing trade activities amongst them, as recalled by Burke- White (2007). There are three prime areas of BITs: establishment of conditions for investments; treatment of FDI once invested; and establishment of dispute resolution mechanism (Peterson, 2004). Through these systems, governments of two states involved in the treaty can focus on increasing trade amongst them and also helps in improving their relations. Through such kinds of agreements, foreign investors could be given substantial protection and also motivated to invest more with the host government. BITs are also known as Foreign Direct Investment (FDI), according to Von Staden (2006). Advantages and disadvantages of BITs to foreign investors and host government According to Pfaffermayr (2004), BITs are some of the most important methods through which attempts can be made so as to develop and maintain healthy relations between two countries and also to encourage trade between them (Sornarajah, ., 2008). In this sense it may not Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  9. be wrong to say that it holds great significance in the modern day volatile and hostile environment. There are a number of benefits and downsides that host nation and the foreign investors have to face them by forming BITs'. Rose-Ackerman (2005) recalls that through bilateral investment treaties, investors can protect themselves from the risk of uncertainties and ambiguity and thus be safe in terms of risks which are present while investing in foreign countries. One of the major advantages is that foreign investors are to get a solution to time consistency problems, as opined by Guzman (2010). It is one of the major issues which the investors have to face and need to find a solution for it very fast, as it is the only way through which they can reap benefits of their investments (Allee and Peinhardt, 2010). In this context Vandevelde (2008), rightly recalls that BITs provide confidence about stability of bargain, thus helping them to gain healthy returns on their investments (Arsanjani and Reisman, 2010). On the other hand, a major disadvantage of entering into international bilateral agreements has to be faced by host government. Yackee (2007) argues that if the world's very first bilateral investment treaty between Germany and Pakistan in 1958 is evaluated, then it can clearly be noted that it was based on a “defective mould” as it did not provide too much protection to the local or host government (Fietta, 2005). In this sense, McLachlan (2008) states that the major disadvantage or downside of entering into bilateral investment treaties is that there is very less room for “policy development”, meaning that the local authorities have very less protection or cover for themselves, as they can be sued upon by the foreign investors. Moreover these investors also can challenge the government on its different policies and regulations which they do not find helpful and beneficial to their own cause (Tobin and Busch, 2010). Methodological framework The literature review reveals that both parties are significantly benefited from BITs and it will be wrong to say that it is a zero sum game. On the basis of research objectives, methodology has been designed for this study so that objectives can be achieved significantly. For this study, a positivism philosophy has been employed which is based on the statistical and scientific justifications. Along with this philosophy, an inductive approach has been selected so that specific to general reasoning can be done (Creswell, 2013). This is a sample on Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK. Bilateral Investment Treaties for complete Assignment writing services Kindly, contact

  10. The present research is based on a descriptive design as variables have been identified and tested to draw conclusions to this study. In the methodological framework, sampling and data collection techniques have also been prescribed. The data has been collected from both primary and secondary sources (Jonker and Pennink, 2010). Secondary data in this study has been gathered by accessing various books, journals and online articles related to case study on war between US and Iraq. In addition to this, the concepts regarding BITs have also been reviewed and presented in literature review. On the other hand, empirical data is gathered by using a well structured and pre tested questionnaire. Thus, using survey methodology the responses have been obtained (Goddard and Melville, 2004). A total of 25 people who were either policy makers or experienced in the foreign investment field were identified. Most of the respondents were associated with OPEC who had sufficient knowledge regarding consequences of war in Iraq and investment agreement in these two countries. These people were contacted through their organizations such as OECD, OPEC and other governing bodies. Thus, using systematic sampling from probability sampling method, the sample was identified. Moreover, the collected data was analyzed by using both qualitative and quantitative methods (Patton, 2005). Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  11. 3.ANALYSIS, FINDINGS AND INTERPRETATION In this section an analysis has been made based on the results from primary study and furthermore, the discussion has been made based on the case study on the primary results for analyzing the data. Results BITs result in fair and equitable treatment of Investors from US by Iraq Strongly Disagree 0% Disagree 8% Strongly Agree 20% Neutral 36% Agree 36% Figure 1: Pie chart Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  12. Investment treaties eliminate the discriminatory factor for US investors in Iraq Strongly Disagree Disagree Neutral Agree Strongly Agree 0 2 4 6 8 10 12 14 16 Figure 2: Bar graph Host economy (Iraq) reap the benefits of FDI as a result of BIT agreement after ‘War in Iraq’ 16 14 12 10 8 6 4 2 0 Strongly Agree Agree Neutral Disagree Figure 3: Bar graph Table-1: Cross frequency table USA Iraq Both Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  13. By establishing the conditions of governance, which of the following parties is benefited 15 2 8 The dispute resolution mechanism in BIT benefits which of the following parties the most 5 5 15 Treatment of FDI mechanism in BIT benefits which of the following parties the most 8 8 9 The advantages to the parties depends on 16 14 12 10 8 6 4 2 0 Nature of deal Negotiation Both Figure 4: Bar graph Table-2: Descriptive of statistics Overall benefits to BITs Investors from US Mean Standard Error Median Mode Iraq 1.5 Mean 3.291666667 0.212636714 3 3 0.147441956 1 1 Standard Error Median Mode Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  14. Standard Deviation Sample Variance Kurtosis Skewness Range Minimum Maximum Sum Count 0.722315119 0.52173913 -0.012445887 1.132721436 2 1 3 36 24 Standard Deviation Sample Variance Kurtosis Skewness Range Minimum Maximum Sum Count 1.041702898 1.085144928 -0.937080305 0.359422921 3 2 5 79 24 Findings and analysis Figure-1: It can be interpreted from figure -1 that majority of the respondents were agreeing to the statement that BIT agreements resulted in fair and equitable treatment of foreign investors of USA by Iraq. The literature review also reveals that BITs provide protection to foreign investors’ against discrimination in the host economy. The case also supports the statement that major benefits were obtained by foreign investors in oil sector from US such as Shell, BP and Chevron. Thus, results from primary research are supported by findings of literature review. Thus, it was found that US was the most benefited party in this case. Figure-2: The bar graph demonstrates thefrequencies on a five point Likert scale regarding the statement that investment treaties eliminate the discriminatory factor for foreign investors of US. The bar graph shows that, of total 25 respondents, 5 agree with rigidity whereas 15 agree to the statement that investment treaties eliminate discrimination factor. However, there were significant numbers of participants who neither agreed nor disagreed to the statement. Thus, it was found that suppliers of oil in US were significantly benefited in terms of discrimination factor. The findings from primary research were supplemented by results of previous studied which highlighted the fact that foreign investors were protected. Figure-3: Bar graph in figure 3 sheds light on benefits to Iraq as participants of the study were asked to give their response on a five point scale ranging from strongly agree to strongly disagree. Here, it can be seen that majority of the respondents were agreeing that Iraq was benefited by foreign direct investments as a result of BIT agreement. Thus, it was found that it was not a zero sum game as Iraq was also obtaining significant benefits. In this regard, the case study reveals that in this agreement and after war the major benefits in Iraq were vested to suppliers of oil as many oil companies were privatized. It was interesting to note here that none Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  15. of them disagreed or strongly denied to this statement because Iraq was in a losing situation in this game from many aspects. The results were found valid enough because in literature review it can be seen that many studies have revealed that FDI inflow can be increased in host economies by Bilateral Investment Treaties agreement. Table-1: The data has been gathered to identify which party is greatly benefited in Bilateral Investment Treaties between US and Iraq. In order to reach this objective, cross frequencies of the questions related to this have been identified. There are two parties in bilateral trade therefore one is US and another is Iraq and of these two, one is likely to get more benefits than another. The cross frequency table demonstrates the fact that foreign investors are in an advantageous position in BITs because in all the statements, most of the respondents have identified foreign investors from US as a most beneficiary party. The case study also reveals that by establishing conditions of governance, US got into the profitable situation as 15 of the 25 participants have been identified US in most profitable situation. Thus, from above analysis, it can be sated that the war was not all about humanitarian interventions but also about oil. But it was found that from the perspective of dispute resolution and treatment of FDI, both are in win-win situation. A win-win situation is one in which both parties get mutual benefits. In short, it can be stated the US is in the better position on the advantage graph of Bilateral Investment Treaties agreement between US and Iraq. Figure-4: From the figure, the responses of participants have been demonstrated which reflect the reason due to which benefits of one BIT differ to a particular party from another. It can be interpreted from above mentioned graph that, of the total 25 research participants, 5 found the nature of deal to be influencing factor whereas few found negotiation. However, most of the respondents believed that the benefits to an individual party largely depend upon the both of the factors. From the above analysis, it was found that it is not necessary that in all situations, a particular party will remain in advantageous situation as negotiation is very important in this regard. The findings from this evaluation can said to be valid as it was also found in previous studies that in some deals foreign investors were benefited whereas in some cased host economies enjoyed several benefits due to increased FDI flow. Thus, it can be said that results of this case study or BIT may not be same for deals of other nature. Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  16. Table-2: For creating better understanding of the results, a statistical tool, descriptive of statistics has been employed on particular question. Respondents were asked to rate the overall benefits to BITs to US oil investors and Iraq so that desired outcomes in this research can be achieved. A descriptive of statistics tool shows the observation in numeric data which is used for better interpretation of responses. Here, lower rating is favourable and higher rating is unfavourable for the parties. The comparison of average scores for US and Iraq demonstrates that foreign investors from US have very much benefited from such bilateral deals. The mean score of investors was 1.5 whereas host state i.e. Iraq had higher average of rated scores which is unfavourable for host economy. Along with this, the range is also calculated which shows highest and lowest scores. From the analysis, it was found that participants gave relatively lower rating to investors and none of them gave more than 3 points to foreign investors which are favourable figure for investor. Thus, from above analysis, it can be stated that US was beneficiary in this deal than Iraq. 4. CONCLUSION AND RECOMMENDATIONS To understand meaning and significance of Bilateral Investment Treaties Secondary research highlighted that BIT is made so to establish terms and conditions for private investments by nationals or individuals and companies of one country to the other one. Here, countries involved in the agreement attempt to improve their trade relations and also provide benefits to investors from foreign countries. In recent some years, it has emerged to become one of the most important and beneficial forms of agreements with which host nation can grow while foreign private investors can be benefited. To identify the benefits to foreign investors and host governments as a result of BIT between Iraq and US While conducting secondary research it was observed that Bilateral Investment Agreements are very useful and beneficial for foreign investors because of reason that they get an opportunity to earn good amount of revenues and return of the money they have invested. Primary research helped in determining that BITs lead to fair, equal and just treatment to the foreign investors of US by Iraq. Furthermore the research study also highlighted that such kinds of investments eliminated the discriminatory factor that US oil companies may have to face when they decide to directly invest in Iraq. Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  17. To evaluate the disadvantages/limitations to US and Iraq as a result of Bilateral Investment Treaty agreement for investment in oil industry While conducting a secondary research, it was observed that numerous researchers and scholars have claimed that for a host nation, it can be of a great help if the country enters into bilateral investment treaties with some other nation having the status of a developed realm. In primary research, it was noted that these studies have given the different results up to some extent because in this agreement, the party which was greatly benefited in host country i.e. Iraq is oil suppliers. To analyze the most beneficial party of bilateral agreement in order to recommend improvements in future BIT agreements Secondary research determined that it is the foreign investors who are benefited the most of a bilateral investment treaty. Many authors have discussed that the main reason behind it is the attention paid by both governments (host and guest) on protecting and safeguarding rights and interests of investors. While conducting primary research, similar results were found and it was noted that majority of the respondents opined that conditions of governance are largely in favor of American investors. Further the dispute resolution mechanisms were also usually in the favor of these investors with a main view to encourage them for investing more in the Iraq. Recommendations During the study, it was observed that when countries enter into bilateral investment agreements, it is usually the host government which suffers the most, as maximum provisions and regulations are made keeping in mind the objective to safeguard foreign investors. It can be seen from the fact that treaty between US and Iraq was based on the same concept, where the investing nation, i.e. US was benefited the most, because treaty was framed on outdated and defective moulds. Herein it can be suggested that when any two nations are formed and enter into an investment related treaty, then they should pay utmost attention to benefit the host government as well. Facets such as nature of deal and negotiations must be such that they provide aid to the host nation and benefit it to a great extent. In this sense, it may not be wrong to say that focus of the parties or nations that enter into such kinds of treaties must ensure that only foreign investors must not be benefited; rather both the parties in the treaty must enjoy the positive sides of it. Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  18. Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  19. This is a sample on Bilateral Investment Treaties for complete Assignment writing services Kindly, contact us at: +44 203 3555 345 help@globalassignmenthelp.com 5. CRITICAL REFLECTIONS AND LEARNING Every study has its own significance in professional and managerial context but along with this, its benefits can also be seen in the personality of an individual who carries out a study or indulges into any research in any means. In this section, the overall learning from this project has been presented so that critical reflection and learning aspect of this research can be demonstrated. I undertook this idea with the recommendation of my guide who assisted me throughout the research. Before carrying out this study, I was not aware about such technical terms such as Bilateral Investment Treaties. I managed to learn communication and managerial skills as interacted with policy makers and top level officials. However, I found difficulties in time management and therefore, I would make the work different next time as I will use appropriate time management skills and set the priorities for carrying out research. Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  20. REFERENCES Books and journal Allee, T. and Peinhardt, C., 2010. Delegating differences: Bilateral investment treaties and bargaining over dispute resolution provisions. International Studies Quarterly. 54(1).pp. 1- 26. Arsanjani, M. H. and Reisman, W. M., 2010. Interpreting Treaties for the Benefit of Third Parties: The “Salvors’ Doctrine” and the Use of Legislative History in Investment Treaties. American Journal of International Law. 104(4).pp. 597-604. Creswell, J. W., 2013. Qualitative, Quantitative, and Mixed Methods Approaches. 4th ed. SAGE Publications, Inc. Eilmansberger, T., 2009. Bilateral investment treaties and EU law. Common Market Law Review. 46(2).pp. 383-429. Fietta, S., 2005. Most Favoured Nation Treatment and Dispute Resolution Under Bilateral Investment Treaties: A Turning Point?. International Arbitration Law Review. 8(4).pp. 136. Goddard, W. and Melville, S., 2004. Research Methodology: An Introduction. Juta and Company Ltd Jonker, J., and Pennink, B., 2010. The Essence of Research Methodology. Springer. Neumayer, E., 2006. Self‐Interest, Foreign Need, and Good Governance: Are Bilateral Investment Treaty Programs Similar to Aid Allocation?. Foreign Policy Analysis. 2(3).pp. 245-268. Patton, M. Q., 2005. Qualitative research. John Wiley & Sons, Ltd. Peterson, L. E., 2004. Bilateral investment treaties and development policy-making. IISD. Sornarajah, M., 2008. State responsibility and bilateral investment treaties. Journal of World Trade. 20(1).pp. 79-98. Tobin, J. L. and Busch, M. L., 2010. A BIT is better than a lot: Bilateral investment treaties and preferential trade agreements. World Politics. 62(01).pp. 1-42. Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  21. Appendix-I: Questionnaire BITs result in fair and equitable treatment of Investors from US by Iraq •Strongly Agree •Agree •Neutral •Disagree •Strongly Disagree Investment treaties eliminate the discriminatory factor for US investors in Iraq •Strongly Agree •Agree •Neutral •Disagree •Strongly Disagree Foreign investors of US in Iraq get the right to transfer the investments and returns •Strongly Agree •Agree •Neutral •Disagree •Strongly Disagree Host economy (Iraq) reap the benefits of FDI as a result of BIT agreement after ‘War in Iraq’ •Strongly Agree •Agree •Neutral •Disagree •Strongly Disagree Host state Iraq is benefited by BIT in industrial competition •Strongly Agree •Agree •Neutral •Disagree Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

  22. •Strongly Disagree By establishing the conditions of governance, which of the following parties is benefited •USA •Iraq •Both The dispute resolution mechanism in BIT benefits which of the following parties the most •USA •Iraq •Both Treatment of FDI mechanism in BIT benefits which of the following parties the most •USA •Iraq •Both The advantages to the parties depends on •Nature of deal •Negotiation •Both In most of the BIT deals the party which is benefited is •USA •Iraq •Both Rate the overall benefits to BITs on a scale of 5 points where 1= Very beneficial and 5= not beneficial at all •Investors in USA (Rate here) •Host state/Iraq (Rate here) Give your suggestions for both investors and host economy to make the future BITs beneficial for them -------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------- - Analyzing the parties benefited from Bilateral Investment Treaties written by expert writers. Get exclusive assignment help offers from Global Assignment Help UK.

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