“Investment Guarantee Agreement” Dalam Penanaman Modal Asing Miga Dan Opic Perspektif Multilateral Dan Bilateral

Abstract

The purpose of this study describes the investment guarantee agreement through multilateral and bilateral that encourage increased investment in developing countries. The results of this study explain that the First Investment guarantee agreement through the Multilateral Investment Guarantee Agreement (MIGA) was born on October 11, 1985, in force when 5 industrial countries and 15 developing countries ratified the convention. MIGA has been signed by 152 countries. The risks borne by MIGA are non-commercial events, deprivation of ownership or under government supervision, breach of contract by the government as well as military action and civil disorder. Addressing the issue MIGA at the request of Member States, provides advisory and technical assistance to improve the terms of investment in the territory of member states. MIGA entered into an agreement and will encourage dispute resolution based on an agreement between the investor and the receiving country of capital. Settlement of disputes under Article 57 of the convention is carried out through negotiations; negotiation and arbitration. Second, the Bilateral "Investment Guarantee Agreement" various countries in order to strengthen economic and investment cooperation between them signed a bilateral agreement concerned with the protection and promotion of foreign investment. Which is accompanied by investment insurance (including reinsurance) and investment insurance carried out by the Overseas Private Investment Cooperation (OPIC). The agreement between the two countries covers investment insurance including reinsurance with regard to losses incurred due to political risk or investment insurance. The Bilateral Investment Guarantee Agreement includes: the definition of investment; the promotion of investment territory; the principle of "Most Favored Nation Treatment"; and investment cannot be confiscated, nationalized, or other such actions that cause the same effect; the payment of such compensation must be effective. this bilateral investment treaty also provides for subrogation