ICSID dan MIGA : Lembaga Internasional Untuk Meningkatkan Arus Penanaman Modal  

Oleh:

Suraputra, D. Sidik

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 8 (1999), page 60-72.
Topik: PENANAMAN MODAL; ICSID; MIGA; penanaman modal

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

The flow of foreign investment to developing countries, in addition contribution to economic growth, also give an opportunity to the occurence of dispute with the host country. The foreign shareholders are not always satisfied with the judgement of the host country's court in case of settlement of investment dispute with local shareholders. To assist settling the dispute, the world bank has established ICSID (International Center of Settlement of Investment Disputes), for foreign investors and host government to settle their disputes. There, the investors and the host government have equal position, as the investors are no longer the object but legal actor in international law. ICSID only settles legal disputes arising from investment, and it has no jurisdiction to conflict of interest. ICSID itself does not directly settle the dispute but brings it to the conciliation commision. Therefore, the establishment of ICSID should not merely be considered an entity to settle investment disputes, but also an effort to develop mutual trust and stimulate foreign investment in developing countries. Meanwhile, the world bank also established MIGA (Multilateral Investment Guarantee Agency) to buffer diplomatic intervention and prevent politicization of investment disputes. To encourage foreign investors to enter developing countries, MIGA can issue an insurance of several non - commercial risks (such as nationalization, civil commotion and expropriation) and make risk guarantee promotion, including limitation of currency transfer or contract default. The insurance claim can instantly be filed ig the host government is in default for example failing to five security guarantee in case of civil commotion. Therefore, ICSID ad MIGA can be considered measures of international world through the world bank to boost foreign investment flow to developing countires, and prevent diplomatic protection by investing countries which are generally stronger.

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