National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers

The article has identified the right subnational interpretation of the principle of national treatment (NT) as a cornerstone determining the policy flexibility of subnational authorities. The purpose is to analyse measures of national and subnational authorities affecting the application of the prin...

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Autores principales:	Elena Vasilyevna Zhiryaeva, Kalotay Kalman
Formato:	article
Lenguaje:	EN RU
Publicado:	North-West institute of management of the Russian Presidential Academy of National Economy and Public Administration 2018
Materias:	national treatment investments investment agreements wto gats subnational horizontal obligations sectoral obligations exceptions Political institutions and public administration (General) JF20-2112
Acceso en línea:	https://doaj.org/article/5ce71b6c1d4b4044ba74bf89e04ed16a
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spelling	oai:doaj.org-article:5ce71b6c1d4b4044ba74bf89e04ed16a2021-11-12T10:45:58ZNational Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers1726-11391816-8590https://doaj.org/article/5ce71b6c1d4b4044ba74bf89e04ed16a2018-04-01T00:00:00Zhttps://www.acjournal.ru/jour/article/view/454https://doaj.org/toc/1726-1139https://doaj.org/toc/1816-8590The article has identified the right subnational interpretation of the principle of national treatment (NT) as a cornerstone determining the policy flexibility of subnational authorities. The purpose is to analyse measures of national and subnational authorities affecting the application of the principle of NT vis-à-vis the foreign investor, which allows to recommend certain approaches to investment policy making at the subnational level. The following issues are discussed in the article: concepts of foreign investors and foreign investment in the Russian Federation; NT in bilateral investment agreements; NT of investment in the context of the WTO agreements; a framework for the description of NT at the subnational level; classification of exceptions from NT; exceptions from NT according to GATS obligations; NT at the subnational level. In the Russian Federation the foreign investor has full legal protection equal to the protection of local firms if it is a legal entity in which the foreign shareholder owns at least 10%, but no more than 20% of the authorized capital, or if the foreign investor does not create a new legal entity, but opts for a branch or a representation office. The model bilateral investment treaty of the Russian Federation follows approaches similar to those of developed countries. Questions were identified which should be answered during the investment policy making at the subnational level: For what kind of investors and how is market entry regulated? What represents post-establishment? Is it possible to expand NT for affiliated and dependent firms? In our opinion, nothing prevents the extension of support to small and medium sized enterprises to the entities with 100% (but not 49%) participation of the foreign equity. At the same time it is that type of exceptions from NT which practices in developed countries as well.Elena Vasilyevna ZhiryaevaKalotay KalmanNorth-West institute of management of the Russian Presidential Academy of National Economy and Public Administration articlenational treatmentinvestmentsinvestment agreementswtogatssubnationalhorizontal obligationssectoral obligationsexceptionsPolitical institutions and public administration (General)JF20-2112ENRUУправленческое консультирование, Vol 0, Iss 11, Pp 68-74 (2018)
institution	DOAJ
collection	DOAJ
language	EN RU
topic	national treatment investments investment agreements wto gats subnational horizontal obligations sectoral obligations exceptions Political institutions and public administration (General) JF20-2112
spellingShingle	national treatment investments investment agreements wto gats subnational horizontal obligations sectoral obligations exceptions Political institutions and public administration (General) JF20-2112 Elena Vasilyevna Zhiryaeva Kalotay Kalman National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers
description	The article has identified the right subnational interpretation of the principle of national treatment (NT) as a cornerstone determining the policy flexibility of subnational authorities. The purpose is to analyse measures of national and subnational authorities affecting the application of the principle of NT vis-à-vis the foreign investor, which allows to recommend certain approaches to investment policy making at the subnational level. The following issues are discussed in the article: concepts of foreign investors and foreign investment in the Russian Federation; NT in bilateral investment agreements; NT of investment in the context of the WTO agreements; a framework for the description of NT at the subnational level; classification of exceptions from NT; exceptions from NT according to GATS obligations; NT at the subnational level. In the Russian Federation the foreign investor has full legal protection equal to the protection of local firms if it is a legal entity in which the foreign shareholder owns at least 10%, but no more than 20% of the authorized capital, or if the foreign investor does not create a new legal entity, but opts for a branch or a representation office. The model bilateral investment treaty of the Russian Federation follows approaches similar to those of developed countries. Questions were identified which should be answered during the investment policy making at the subnational level: For what kind of investors and how is market entry regulated? What represents post-establishment? Is it possible to expand NT for affiliated and dependent firms? In our opinion, nothing prevents the extension of support to small and medium sized enterprises to the entities with 100% (but not 49%) participation of the foreign equity. At the same time it is that type of exceptions from NT which practices in developed countries as well.
format	article
author	Elena Vasilyevna Zhiryaeva Kalotay Kalman
author_facet	Elena Vasilyevna Zhiryaeva Kalotay Kalman
author_sort	Elena Vasilyevna Zhiryaeva
title	National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers
title_short	National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers
title_full	National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers
title_fullStr	National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers
title_full_unstemmed	National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers
title_sort	national treatment at investment at different levels of public administration: considerations for policy makers
publisher	North-West institute of management of the Russian Presidential Academy of National Economy and Public Administration
publishDate	2018
url	https://doaj.org/article/5ce71b6c1d4b4044ba74bf89e04ed16a
work_keys_str_mv	AT elenavasilyevnazhiryaeva nationaltreatmentatinvestmentatdifferentlevelsofpublicadministrationconsiderationsforpolicymakers AT kalotaykalman nationaltreatmentatinvestmentatdifferentlevelsofpublicadministrationconsiderationsforpolicymakers
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National Treatment at Investment at Different Levels of Public Administration: Considerations for Policy Makers

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