Environmental Engineering Reference
In-Depth Information
investment protection within TRIMs.
45
However, TRIMs only include single parts
of investment protection.
46
A clarification is also delivered in Art. 1 of the TRIMs,
as it mentions that investment measures only relate to trade activities. Other
frameworks, like the GATS, are limited to services and FDIs,
47
which is irrelevant
for the implementation of the Desertec Concept. In addition, TRIPs only partially
include investment regulations and are limited to intellectual property.
48
Further
attempts of the WTO to include investment issues into the negotiation at the Doha
round failed.
49
Consequently, neither covered agreement offers a platform for
investment protection for the Desertec Concept at the moment.
3.2.2.2 OECD
The OECD offers guidelines and codes for foreign investments. First of all, there is
the GTFDI. There are several relevant regulations within the GTFDI. Right from
the beginning of a GTFDI investment, it is important there is a prompt issue of all
licenses (e.g. concessions) according to Section III No. 5(a). Section III No. 6(b) of
the GTFDI mentions that there also should be free transfer of revenues. In
Section III No. 8 of the GTFDI, the prevention of corruption is highlighted as an
important tool to facilitate foreign investments. However, the GTFDI is soft law
and thus not as relevant in practice.
50
With regard to the Desertec Concept, it can
only severe as a non-committal guideline, even though it mostly repeats important
well-known requirements.
Furthermore, there are also OECD codes, which deal with the issue of invest-
ment (e.g. Code of Liberalisation of Capital Movement and Code of Liberalisation
of Current Invisible Operations). These codes are not “binding” international law,
but they are binding on all OECD members.
51
It must be noted that they do not
encompass regulations concerning protection against expropriation,
52
which makes
them less important for the implementation of the Desertec Concept.
45
Zampetti and Sauv
´
(
2007
), 211 (249) and 252-254); Krajewski (
2009
), 177; Herrmann
et al. (
2007
),
§
17 paras 791-792; Expansion of investment security due to the WTO, in: Schobener
et al. (
2010
), 49, Kap. 1
§
4 paras 162 and 321, Kap. 4
§
20 para 411.
46
Michaelis, Salomon in Hilf and Oeter (
2010
),
§
15 para 19; Krajewski (
2009
), 177; Griebel
(
2008
), 60; cf Schobener et al. (
2010
), 312, Kap. 4
§
20 paras 412-413.
47
Harten (
2007
), 72; Karl (
2003
), 37 (41); Schobener et al. (
2010
), 322-323, Kap. 4
§
20 paras
419-420; cf Griebel (
2008
), 60; Investment regulations within GATS, in: Zampetti and Sauv´
(
2007
), 211 (249) and (254-257).
48
Griebel (
2008
), 60; Investment regulations within TRIPs, in: Zampetti and Sauv´ (
2007
),
211 (249) and (261).
49
Sch
€
obener et al. (
2010
), 253, Kap. 4 §17 para 124.
50
Sch
obener et al. (
2010
), 320, Kap. 4 §20 paras 406-408.
51
Krajewski (
2009
), 180; Not legally binding, in: Karl (
2003
), 37 (40).
52
Krajewski (
2009
), 180.
€
