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Russia’s Adherence to the OECD Declaration on International Investments and Multinational Enterprises: New Opportunities for Promoting National Interests

https://doi.org/10.22394/1726-1139-2018-1-70-77

Abstract

The OECD Declaration on International Investment and Multinational Enterprises is not enough studied and known in Russia. That is why authors decided to choose as the goal of their research to state briefly and accurately its main provisions and tools for interaction with other countries, which the Declaration gives to its adherents. In their research authors consider the prerequisites for the adoption of the Declaration and its content (5 of 6 items, except responsible business conduct). During the research following instruments were used: legal analysis of formulations used in the Declaration to determine the degree of the bindingness of its provisions; a method of comparison with other international agreements; study of judicial practice. Authors also made the research of how adherents apply reservations to the provisions of Declaration. Based on the research, authors propose recommendations that could be used by Russian public authorities. For example, Russia can use the instrument of conflict requirements to eliminate the requirements of other countries, which unreasonably increase the administrative burden on Russian entrepreneurs. Russian public authorities can also use the tool “public consultations” to disseminate knowledge about existing benefits in third countries for the expansion of Russian entrepreneurs abroad.

About the Authors

A. D. Levashenko
Russian Presidental Academy of National Economy and Public Administration; Russian Center of competence and analysis of OECD standards; Russian Foreign Trade Academy under the Ministry of Economic Development of the Russian Federation
Russian Federation

Levashenko Antonina Davidovna - Senior Researcher Head

Senior Researcher



I. S. Ermokhin
Russian Presidental Academy of National Economy and Public Administration; Russian Center of competence and analysis of OECD standards
Russian Federation

Ermokhin Ivan Sergeevich - Junior Researcher



S. K. Lebedeva
Russian Presidental Academy of National Economy and Public Administration; Russian Center of competence and analysis of OECD standards
Russian Federation
Lebedeva Sofya Konstantinovna - Junior Researcher


References

1. Newcombe A. P., Paradell L. Law and Practice of Investment Treaties: Standards of Treatment [Zakon i praktika investitsionnykh soglashenii: standarty otnosheniya]. Kluwer Law International, 2009. (in rus)

2. Wallace C. D. The Multinational Enterprise and Legal Control: Host State Sovereignty in an Era of Economic Globalization [Mnogonatsional’noe predpriyatie i pravovoi kontrol’: suverenitet prinimayushchego gosudarstva v epokhu ekonomicheskoi globalizatsii]. Martinus Nijhoff Publishers, 2002. (in rus)

3. Annual Report on the OECD Guidelines for Multinational Enterprises 2005 Corporate Responsibility in the Developing World [Godovoi otchet po Rukovodyashchim printsipam OESR dlya mnogonatsional’nykh predpriyatii 2005 g. Korporativnaya otvetstvennost’ v razvivayushchemsya mire]. OECD Publishing, 2005.

4. UNCTAD Series on Issues in International Investment Agreements: National Treatment [Seriya YuNKTAD po voprosam mezhdunarodnykh investitsionnykh soglashenii: Natsional’nyi rezhim]. United Nations, 1999.


Review

For citations:


Levashenko A.D., Ermokhin I.S., Lebedeva S.K. Russia’s Adherence to the OECD Declaration on International Investments and Multinational Enterprises: New Opportunities for Promoting National Interests. Administrative Consulting. 2018;(1):70-77. (In Russ.) https://doi.org/10.22394/1726-1139-2018-1-70-77

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ISSN 1726-1139 (Print)
ISSN 1816-8590 (Online)