Essay On International Investment Law

Introduction


International investments are regarded as those investments which have taken place beyond the reach of domestic markets that provide portfolio diversity and risk-mitigation potential. An depositor can make overseas investments, broadening his return potential. It can also assist in lessening some systemic dangers that are related with individual nation's economies in rare situations. International investing, in general, broadens the suitable instruments for a portfolio outside of local investments. International investment has emerged as the one most essential kind of global financial transaction and the most potent route of financial integration. International investment law oversees ties between nations and international investors.
 
 
This paper mainly focuses on the discussion of the scope of Uyghur Forced Labour Prevention Act 2021 and the actual meaning of due diligence. While discussing the same, it also sheds light on the China's global supply chain's reliability and flexibility and the Chinese government's countermeasure for the future.
 

Discussion

 
The Uyghur Forced Labour Prevention Act 2021 is a proposed federal legislation in the United States that helps in altering the US policy toward China's Xinjiang Uyghur Autonomous Region in order to prohibit American corporations from sponsoring forced labour among ethnic minority groups in the territory. The Uyghur Forced Labour Prevention Act (UFLPA) has put Washington on a confrontation path with Beijing by hitting at the core of enslavement in northwest China. Simultaneously, the legislation is riddled with flaws and inconsistencies that, if not addressed, might make it useless. The Act, which took effect on 21st June in the United States, makes the assumption that until shown otherwise, because of the forced labour, all items from Xinjiang have been polluted. Importers must demonstrate without a possible doubt that their distribution channels are trustworthy. The new regulation might affect one million enterprises worldwide that purchase and sell daily items, and the range of essential industries affected is long.
 
 
In the metaphorical sense, the expression "due diligence" has been used as "required work" from at least the middle of the fifteenth century. Hundreds of years later, the term gained lawful significance as "the precaution that a sensible individual takes for avoiding injury to other individuals or their possessions." Due diligence is defined as an inquiry, audit, or review conducted to check the facts or aspects of an issue under consideration. Due diligence in the financial industry is reviewing monetary documents before going into a potential agreement with some other party. With the adoption of the Securities Act of 1933, due diligence became established practise (and a popular word) in the United States. With the passage of that legislation, securities traders and agents were held accountable for accurately revealing relevant facts relating to the instruments they were trading. Failure to reveal this data to prospective investors subjected traders and agents to criminal punishment. Fund managers, equity research analysts, traders and agents, private investors, and firms contemplating acquisitions all conduct due diligence. Private investors' due diligence is entirely optional. Traders and agents, on the other hand, are lawfully required to undertake due diligence on securities before issuing it.
 
 
China, which is considered to be the world's second biggest economy and main producer of industrial services all over the globe, has lately encountered alarming changes in its rapidly expanding export markets. Throughout 2018, the United States' protracted "trade war" has adversely affected sectors throughout the globe and threatened China's role as the centre of worldwide supply chain networks. Increasing levies, political turmoil, and the consequent financial downturn have pushed reactiveness, organisational modifications, and strategic planning towards the centre of the China's supply chain management (SCM) operations, with a continued emphasis on digital transformation.
 
 
The internal strength and international influence of China have preserved its economy unexpectedly steady irrespective of the ongoing bombardment of tariffs. According to Capital Economics, a financial research consultancy, the factors for this involve a tactically lower yuan, robust local markets, and the nation's choice to move US-bound products to other Asian nations to avoid paying taxes. Whereas the demand of the US was impacted, these mitigating variables contributed in China finally experiencing a modest improvement in exports, bringing it up to about 12% of global totals. This balance of unpredictability and steadiness is also mirrored in China's Supply Chain labour market.
 
 
From late 2020, a series of interconnected legislation and policies have been implemented by the People's Republic of China (PRC or China) the aim of which is to increase the regulation of the government over a diverse spectrum of business activities both within and outside of China. These measures reflect the government's rising confidence in expanding and coordinating China's national financial stability instruments in pursuit of worldwide financial, technological, and military leadership, along with the regulation of vital technologies and worldwide supply networks. Extraterritorial scope has involved in the measures taken by China and the objectives of these measures are to counterbalance financial and national security policy instruments and activities used against China by the US and other countries, for instance penalties, export bans, and review of the overseas investment. Although China's countermeasures resemble those of certain US agencies in form, the government is employing them in ways that emphasise key differences in the working circumstances and fundamentals of the US and Chinese political, financial, and judicial systems. China's efforts put a lot of pressure on US and other enterprises to follow the policies of China and regulations in ways that disobey US authorities. Several measures of China include retribution provisions, which appear to be an attempt to promulgate and legitimise the proclivity of the Chinese government for trade retribution and brinkmanship, along with the usage of financial restraint to achieve political and financial goals, sometimes debatably in contravention of international business norms and regulations.
 

Conclusion

 
Thus, from the above discussion, it can be concluded that nowadays, foreign direct investment is the desire of all nations to accelerate their growth. As a result, they have expressed a strong desire to promote and defend such investment using global and national policy tools. Implementation of Free Trade Agreements, Bilateral Investment Treaties, International Investment Treaties, and a strong national environment for the protection and development of foreign investment are regarded as a part of these initiatives. Deploying these investments necessitates, first and foremost, the existence of financial, administrative, and investment-promotion variables in individual nations, along with the existence of a worldwide framework working with the connections of governments and overseas investors.
 

Bibliography

 
Ahmed, Swarnali, Maximiliano Appendino, and Michele Ruta. "Global value chains and the exchange rate elasticity of exports." (2017) The BE Journal of Macroeconomics 17.1.
 
 
Cai, Min, and Jianwen Luo. "Influence of COVID-19 on manufacturing industry and corresponding countermeasures from supply chain perspective." (2020) Journal of Shanghai Jiaotong University (Science) 25.4: 409-416.
 
 
Cumming, Douglas, and Simona Zambelli. "Due diligence and investee performance." (2017) European Financial Management 23.2: 211-253.
 
 
Kulesza, Joanna. Due diligence in international law. (Brill, 2016).
 
 
Kurtz, Jürgen. The WTO and international investment law: converging systems. No. 20. (Cambridge University Press, 2016).
 
 
Murphy, Laura, and Nyrola Elimä. "In broad daylight: Uyghur forced labour in global solar supply chains." (2021).
 
 
Patel, Nikhil, Zhi Wang, and Shang‐Jin Wei. "Global value chains and effective exchange rates at the country‐sector level." (2019) Journal of Money, Credit and Banking 51: 7-42.
 
 
The Securities Act of 1933.
 
 
The Uyghur Forced Labour Prevention Act 2021.
 
 
Tu, Xinquan, et al. "US-China trade war: Is winter coming for global trade?." (2020) Journal of Chinese Political Science 25.2: 199-240.
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