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

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.

Keywords

• oecd
• investment
• international law