Publication:
Enabling Foreign Direct Investment in the Renewable Energy Sector: Reducing Regulatory Risks and Preventing Investor-State Conflicts

Loading...
Thumbnail Image
Files in English
English PDF (4.16 MB)
1,018 downloads
English Text (418.98 KB)
47 downloads
Date
2023-07-26
ISSN
Published
2023-07-26
Editor(s)
Abstract
Increasing private investment is critical to meeting the growing energy needs in developing countries. Foreign direct investment (FDI) can contribute significantly—by bridging the financing gap but also by facilitating knowledge and technology transfer. A key factor impeding the ability of countries to attract and retain FDI is political risk - more specifically, a subset of political risks—risks caused by government’s own regulatory actions. Such risks can also lead to costly legal disputes between investors and states. This report explores these risks in the renewable energy (power generation) sector, the prevalence of investor-state disputes associated with such risks, the fiscal and reputational implications of disputes, and policy options for governments to prevent them
Link to Data Set
Citation
World Bank; Energy Charter Secretariat. 2023. Enabling Foreign Direct Investment in the Renewable Energy Sector: Reducing Regulatory Risks and Preventing Investor-State Conflicts. © The World Bank Group and the Energy Charter Secretariat. http://hdl.handle.net/10986/40087 License: CC BY-NC 3.0 IGO.
Associated URLs
Associated content
Report Series
Other publications in this report series
Journal
Journal Volume
Journal Issue

Related items

Showing items related by metadata.

  • Publication
    Attracting Foreign Direct Investment : What Can South Asia's Lack of Success Teach Other Developing Countries?
    (World Bank, Washington, DC, 2013-11) Gould, David M.; Tan, Congyan; Sadeghi Emamgholi, Amir S.
    Like many other developing countries, South Asian nations have been experiencing increased foreign direct investment inflows over the past decade as developing countries get a larger share of cross-border investments that were once sent to developed countries. Nonetheless, South Asia's inflows of foreign direct investment remain the lowest relative to gross domestic product among developing country regions. Why are South Asia's foreign direct investment inflows so low and what lessons can be drawn for developing countries as a whole? The analysis in this paper uses a novel empirical model that accounts for possible trends in convergence in the ratio of foreign direct investment to gross domestic product between countries and cross-sectional data for 78 countries from 2000 to 2011. The sample contains 52 developing countries. The analysis finds that two key factors are at work -- high overall regulatory restrictions on foreign direct investment and specific restrictions placed on doing business with other countries. These factors include overall trade restrictiveness, which reduces the benefits to cross-border investments, and weak institutions to protect foreign investors and facilitate investment. Nonetheless, the potential for faster growth in intra- and inter-regional foreign direct investment flows is significant. The main factors leading to this conclusion are South Asia's current low levels of foreign direct investment, the many unexploited opportunities for embodied knowledge transfer, and supply-chain linkages. The overall lessons for developing countries are that liberalizing policy constraints in both trade and foreign investment, keeping corporate tax rates modest, and improving governance and transparency could help to substantially improve foreign direct investment flows.
  • Publication
    From Political to Economic Awakening in the Arab World : The Path of Economic Integration - Deauville Partnership Report on Trade and Foreign Direct Investment, Volume 1. Overview Report
    (Washington, DC, 2012-05) World Bank
    The forces unleashed by the Arab political awakening have the power to be transformational. One critical parameter of success will be whether the Arab political awakening is accompanied by a concurrent economic awakening. Economic integration through increased trade and foreign direct investment (FDI) is one key means available in the short to medium term to policy makers to put the Partnership countries on a higher path of sustainable economic growth and in a position to decisively tackle the problem of unemployment, especially youth unemployment. To be sure, skepticism abounds in the region over the merits of trade and FDI and the integrity of the private sector in light of "crony capitalism," where the benefits of past policies are perceived to have accrued only to a well-connected few. Leadership is needed in both Partnership countries and Deauville partners to provide a credible long-term vision and explain the mutual benefits of economic integration. One such powerful vision could be the pursuit of a partnership aimed at gradually promoting four key freedoms in the Mediterranean and beyond: the free movement of goods, services, capital, and eventually persons. The implementation of far-reaching domestic reforms in Partnership countries will be critical to effectively reap the growth and employment opportunities offered by greater economic integration and regulatory convergence with the most advanced economies. To further enhance trade and FDI and to achieve the vision of an Arab world more integrated into global markets, the trade and commerce pillar of the Deauville Partnership could therefore focus on four overarching priority areas of reforms and support: (a) improve market access opportunities and market regulations; (b) foster competitiveness, diversification, and employment; (c) facilitate trade and mobilize trade finance and diaspora resources; and (d) promote the inclusiveness, equity, and sustainability of the structural transformation brought about by the process of integration.
  • Publication
    Starting a Foreign Investment across Sectors
    (World Bank, Washington, DC, 2013-11) De la Medina Soto, Christian; Ghossein, Tania
    The ease of starting a foreign investment in various sectors is a relevant consideration for investors seeking to establish an investment project abroad. Two thematic areas will be analyzed in this paper to answer the following questions: Which economies impose equity ownership restrictions on foreign investors and which procedural barriers do foreign companies face when establishing foreign-owned subsidiaries in these economies? The analysis is based on findings from the Foreign Direct Investment Regulations indicators, which measure 103 economies, on whether they restrict foreign ownership across economic sectors and on the establishment process they impose on foreign-owned companies. Nearly 80 percent of the economies covered in the Foreign Direct Investment Regulations database restrict foreign companies from entering in some sectors of their economies. In addition, establishing a foreign-owned company takes longer and requires more steps than starting a domestically-owned company in 94 percent of the economies observed. Overall, economies in Eastern Europe and Central Asia and high-income OECD economies have fewer equity restrictions on foreign ownership than economies in the other regions and require the least number of additional procedures of foreign companies to establish a subsidiary. The findings are significantly correlated with inflows of foreign direct investment on a per-capita basis.
  • Publication
    Microeconomic Consequences and Macroeconomic Causes of Foreign Direct Investment in Southern African Economies
    (2010-09-01) Xu, Lixin Colin; Lederman, Daniel; Mengistae, Taye
    The causes and consequences of foreign direct investment (FDI) in developing countries remains a subject of debate among researchers and policymakers alike. The authors use international data and a new micro-data set of firms in thirteen Southern African Developing Countries (SADCs) to investigate the benefits and determinants of FDI in this region. FDI appears to have facilitated local development in the SADC region. Foreign firms tend to perform better than domestic firms, tend to be larger, are located in richer and better-governed countries and in countries with more competitive financial intermediaries, and they are more likely to export than domestic firms. They also exhibit positive spillover effects to domestic firms. Relying on a standard model to predict the country-level FDI inflows per capita, the authors find that SADC is attracting their expected level of FDI inflows, at least relative to its income level, human capital, demographic structure, institutions, and economic track record. There are some differences between SADC and the rest of the world in FDI behavior: in SADC, the income level is less important and openness more so. The authors use two comparison groups to compare with SADC to shed light on why other regions have attracted more FDI per capita than SADC. The factors that explain SADC s low FDI inflows are economic fundamentals (e.g., previous growth rates, average income, phone density, and the adult share of population).
  • Publication
    Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment
    (World Bank, Washington, DC, 2013-10) Pouget, Sophie
    An effective commercial arbitration regime matters for foreign investors. It gives parties the autonomy to create a dispute resolution system tailored to increasingly complex disputes. Foreign investors view arbitration as a way to mitigate risks by providing legal certainty on enforcement rights, due process, and access to justice. The Arbitrating and Mediating Disputes indicators assess the legal and institutional framework for commercial arbitration, mediation, and conciliation regimes in 100 economies. All surveyed economies recognize arbitration as a tool for resolving commercial disputes and only nine economies have not acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In the Arbitrating and Mediating Disputes indicators, High Income OECD and Eastern Europe and Central Asia are the regions that reformed their laws on alternative dispute resolution the most between 2011 and 2012. The data also show that, globally, arbitration proceedings take 326 days on average, while recognition and enforcement proceedings of foreign arbitral awards take 557 days on average. The Arbitration and Mediating Disputes indicators are significantly correlated with perception data on the importance of alternative dispute resolution, as well as other measures such as total foreign direct investment inflows and inflows per capita, the Doing Business 2013 Enforcing Contracts data, the World Bank Group's Governance Indicators, the World Economic Forum's Global Competitiveness Indicators, and the Multilateral Investment Guarantee Agency's World Investment and Political Risk data. The paper concludes by identifying several opportunities for improvement, such as greater flexibility for domestic arbitration regimes, faster arbitration proceedings, and better domestic court capabilities.

Users also downloaded

Showing related downloaded files

  • Publication
    Women, Business and the Law 2023
    (Washington, DC: World Bank, 2023-03-02) World Bank
    “Women, Business and the Law 2023” is the ninth in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. The 2023 edition identifies barriers to women’s economic participation and encourages reform of discriminatory laws. This year, the study also includes research, a literature review, and analysis of 53 years of reforms for women’s rights. Examining the economic decisions that women make throughout their working lives as well as tracking regulatory changes from 1970 to today, the study makes an important contribution to research and policy discussions about the state of women’s economic opportunities. By presenting powerful examples of change and highlighting the gaps still remaining, “Women, Business and the Law 2023” is a vital tool in ensuring economic empowerment for all. Data in “Women, Business and the Law 2023” are current as of October 1, 2022.
  • Publication
    Municipal Waste Management in Serbia - Situational Analysis
    (Washington, DC: World Bank, 2024-04-19) World Bank
    This report provides a baseline analysis of the existing situation in the municipal waste management sector in Serbia and underscores the importance of the sector in terms of achieving Sustainable Cities objectives. Reforms in the waste sector are a key component of a larger government commitment to a Green Transition. Ambitions to significantly improving the solid waste management system, in line with EU requirements, is well reflected in recently adopted policies and plans including the National Waste Management Program for the period2022 – 2031. There is a significant focus on the establishment of much needed basic disposal infrastructure. However, implementation remains slow, and some waste related targets will require further alignment and adjustment as the EU landscape continues to evolve.
  • Publication
    Strategic Investment Funds
    (Washington, DC: World Bank, 2022-06-16) Divakaran, Shanthi; Halland, Håvard; Lorenzato, Gianni; Rose, Paul; Sarmiento-Saher, Sebastian
    Strategic investment funds (SIFs) have gained prominence over the past two decades as governments and other public sponsors globally have increasingly co-opted the investment fund model to further policy objectives. Since 2000, more than 30 SIFs have been formed at the national level, typically to boost economic growth through infrastructure or small and medium enterprise investment. In the current COVID-19 pandemic environment, governments have frequently turned to sovereign investment vehicles to address the economic effects of the pandemic, echoing the emergence of new SIFs in the aftermath of the global financial crisis. However, SIFs are not devoid of challenges, and the setup and operation of such funds can be fraught with risks, particularly in contexts of weaker governance, inadequate rule of law, and limited financial market regulation. The intent of Strategic Investment Funds: Establishment and Operations is to provide guidance to practitioners and policy makers considering a SIF model where little widely available, practice-based experience has been documented and disseminated. The book provides a reference for policy makers who are creating or strengthening the operations of SIFs, particularly as governments examine the value of such funds as a policy instrument in the aftermath of the COVID-19 pandemic.
  • Publication
    Impact of Climate Change in Health in Colombia and Recommendations for Mitigation and Adaptation
    (Washington, DC: World Bank, 2023-10-18) World Bank
    Climate change has been called the most important threat to human health in the 21st century. It is estimated that if thetemperature rises and its impact on the other climatic variablescontinues unchanged, it will kill more than 83 million people (1 percent of the world’s population) in the next 80 years (Wattset al. 2020)—13 times the toll of the COVID-19 pandemic (WorldHealth Organization 2023). Historically, only pandemics or worldwars have posed such threats to human health. As a result,the issue has aroused unprecedented attention. In 2021, the World Health Organization (WHO) declared climate changethe greatest health threat facing humanity (WHO 2021). Now, more than 195 governments have included climate change mitigation and adaptation as pillars in their multi-year plans, and government health sectors have been developing plans tomeasure and respond to the impact of climate change on health. However, recognition of the links between climate change and health remains nascent, so these efforts have not yet been accompanied by strategic and actionable approaches to measure the impacts and ground the responses. This report contributes to addressing that gap by providing a framework for understandingthe impact of climate change on human health in Colombia and by outlining the most effective actions to mitigate the threat.
  • Publication
    South Asia’s Digital Opportunity
    (Washington, DC: World Bank, 2022-03-27) World Bank
    The report presents both the opportunities of and the bottlenecks for furthering the digital agenda. It emphasizes that the first step is to get the basics right. This includes enabling access to and adoption of high-quality affordable broadband, initiating a paradigm shift in building digital public platforms and accelerating digital financial services. Part of this includes integrating digital ID, digital payments, and data sharing platforms so they can become ‘digital stacks’ that allow service providers to build and innovate their own platforms and systems on top. Supporting digital businesses, fostering digital skills, and creating the necessary trust environment are also critical to the digital agenda. Further, a successful digital agenda at country levels would benefit from regional integration that entails cross-border connectivity, data infrastructure, and payment systems.