Investimentos estrangeiros e direito do desenvolvimento

Abstract

This work analyses the framework for the promotion of Foreign Investments used by the developing States and the consequences to the effectiveness of the exercise of relevant principles of Development Law when of the selection of this framework. In a globalized world context, this framework for the attraction of Foreign Investments imply in important decisions by the developing States when of the adoption of internal regulation for Foreign Investments and the determination of any bias position when in discussions in international legal forums and in international economic relations affairs. This study suggests that the States shall apply Development Law principles as a fundamental tool to achieve truly equality among nations. During this work it was analyzed how the developing States behave in reason of the economic globalization versus their ideals, economic and social needs. Furthermore, it was analyzed the different questions for the attraction of Foreign Investments raised in the international forums, as well as in the multilateral discussions, bilateral agreements and in the Brazilian legal framework. Finally, it was presented the Development Law principles introduced by the UN Charter of Economic Rights and Duties of the States. The main purpose of the work is to demonstrate how the developing States, as they get integrated in the globalization process when regulating and promoting Foreign Investments gradually cede the effective application of Development Law principles