  Ref: law0001 Foreign Investment is an
aspect of international business law that has generated a lot of
interest in recent times primarily because of the immense benefits
enjoyed by states and investors. Its importance cannot be
overemphasised as the years progress simply because it occupies the
driving seat in the socio-political, economic and legal framework of
most countries. Furthermore, it continues to be the driving force in
the in the modern day economy which advances the globalization process.
The volume of investment achieved through Foreign Investment
is enormous and it continues to grow. Many countries encourage inward
movement or transfer of asset to their country, whether tangible or
not. In addition, with the enactment of liberalisation laws in many
countries today, the hitherto difficulties experienced by foreign
investors are reduced to the minimal and this has led to increase
participation of more investors. Three important questions can be
raised when embarking on a research work of this nature. Firstly, what
personal purpose would the topic serve to the researcher?
Secondly, what practical purpose would the research have?
Thirdly, has the research contributed in any way to the development of
the subject? As mentioned above, the importance of FI cannot be
overstated especially to the development of third world countries. For
instance in Nigeria, one of the key economic catalysts for economic
recovery and development adopted by the Nigerian government is the
encouragement of FI and the full participation of foreign investors in
the economy growth of the country. This has led to fundamental reviews
of both investment laws and participation of aliens in its domestic
enterprises. The focal point of this dissertation is to identify the
different modes of entry and contractual relationships an investor may
participate in FI. In order to facilitate this quest, it becomes
necessary to recognise the different forms of FI and hence the need for
a classification. It is however appropriate to mention at this stage
that that FI can be classified into Foreign Direct Investor
and Foreign Portfolio Investment . The reason behind this
classification is that there is a marked difference between a foreign
portfolio investor and a foreign direct investor. This difference will
be fully identified and explained in the course of this work. The
importance of this research to the field of international business law
is primarily to bring to a better understanding of the various FI
options, their elements and their implications to an intending foreign
investor. In the course of the research, the interrelationship between
different components of international law such as international
commercial law, comparative company law, international financial laws
are highlighted as it relates to FI.
1: Introduction 2: Foreign Investment Reasons for engaging in FI Comparative currency conversion advantages Decentralization of the operation to provide better services for international customers Expansionist theory Strategic positioning in the market Spreading risk Geographic diversification Enhanced profitability Rivalry Types of investors Classification of Foreign Investment 3: Foreign Direct Investment Elements of FDI Cross boundary transfer of asset Tenure of investment Investment Impact Control of investment Legal mode of entry of FDI International Joint ventures Branches and Subsidiaries Legal relationships under FDI International Franchising International Licensing International leasing Special forms of FDI Project Finance Management contract Turnkey Contract 4: Foreign Portfolio Investment Meaning of Foreign Portfolio Investment Elements of FPI Participation of investors Risk on investment Investors' presence Investing entity Scope of transaction Impact of FPI Forms of Foreign Portfolio Investment Debt securities Bonds Debenture International loan syndication Equity securities Preference Shares Cumulative preference share Non-cumulative preference Participating preference Convertible preference share Common Shares 5: Conclusion  How
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