International laws
FOREIGN DIRECT INVESTMENT
Foreign direct investment is formally defined as "[o]wnership of assets by foreign residents for purposes of controlling the use of those assets" – OECD.
For the purposes of international law, the OECD defines a foreign direct investor as:
- "an individual, an incorporated or unincorporated public or private enterprise, as a group of related individuals, or a group of related incorporated and/or unincorporated enterprises that has a direct investment enterprise (that is, a subsidiary, associate or branch) operating in an economy other than the economy or economies of residence of the foreign direct investor or investors"
Foreign direct investment is a high risk/high reward form of investment. Investing in the developing world increases the potential risk; however, the risks can be mitigated if one takes all the right steps before making the final investment decision ("FID").
Hale Legal provides the mechanisms to mitigate all non-technical country risks, such as:
Sovereign risk, Legal risk, Political risk, Regulatory risk, conflict (war, kidnapping, terrorism, sabotage) risk and governance (bribery) risk.
PUBLIC INTERNATIONAL LAW ("PIL") & PRIVATE INTERNATIONAL LAW (Conflict of Laws)
International Law can be either PUBLIC or PRIVATE.
Public International Law ("PIL") is the law that governs the relations between states amongst each other.
Private International Law, sometimes referred to as "Conflict of Laws" ("CIL"), is the law that governs transboundary relations between legal persons (individuals, corporations and non-state entities).
PIL covers an enormous range of specialities, split up under the headings of General, Universal and Regional; however, these are further sub-divided into areas such as laws of war, sea, human rights, environment, economy, State Responsibility, even outer space activities and countless others. It is impossible to have expertise in every area, but Hale Legal does have expertise in International Trade & Investment, Dispute Resolution, Law of the Sea, Resources and other overlapping areas.
CIL is utilised when international disputes arise between legal persons (individuals, corporations and non-state entities), that need to decide which jurisdiction their case will be heard, decided and enforced. Of course, some jurisdictions are more desirable than others. There are various treaties and conventions that address such matters; however, it is complex, even to the most experienced legal practitioners and sometimes requires assistance from lawyers based in the various jurisdictions.
Hale Legal has the expertise, and the international network of expertise, to ensure the most effective outcome for our clients.
Hale Legal is also experienced in the complex area relating to United Nations Convention on Contracts for the International Sale of Goods ("CISG") – sometimes referred to as the Vienna Sales Convention.
RAISING INVESTMENT FINANCE
One of the major difficulties of building a major project is funding. The initial stages of exploration can be funded by means of equity, project finance or private investors; however, the development of a major project can sometimes be measured in hundreds of millions or billions of dollars.
It is at this stage when the client is looking for serious funding well beyond the capacity of the ASX and other bourses.
Hale Legal are familiar with various global strategies, including project-finance and Islamic finance, to assist the client in this regard.
INTERNATIONAL TRADE & INVESTMENT (TRANSNATIONAL BUSINESS)
International trade is the exchange of goods, services, and capital across national borders, enabling countries to access resources, expand markets, and improve economic welfare.
Last year (2025) Australia's total goods & services exports reached AU$665.2 billion; imports AU$658.3 billion. (AU$6.9 billion surplus).
Global Foreign Direct Investment ("FDI") in 2025 reached US$1.6 trillion; cross-Border M&A reached US$0.4 trillion; Greenfield Projects US$1.35 trillion; International Projects Financer US$0.88 trillion.
The United States, Brazil and China were the largest global destinations of FDI, while the United States, Japan and China were the leading sources of FDI.
As a rule of thumb, Australia invests about 0.01% and receives about 0.04%; therefore, about US$80 billion of FDI invested abroad.
How is this FDI managed? What is the procedure? What are the risks?
Hale Legal can construct a package to ensure security when choosing a destination for your capital prior to making your final investment decision ("FID").
We research and conduct a due-diligence of the host state, including:
- UN, World Bank, WTO, Judicial and arbitral precedent;
- Evaluate the host state's laws and constitutions;
- Analyse the relevant treaties in force: NYC, BITs, ICSID, MITs (USMC, ECT, etc);
- Construct contracts containing the best clauses of protection;
- Secure Political Risk Insurance;
- Source and document finance.
Hale Legal is committed to facilitating seamless international trade through meticulous adherence to global standards. With expertise in trade compliance frameworks and regulatory procedures, we support businesses in navigating challenges such as tariffs, data privacy, antitrust, and foreign investment reviews.
Hale Legal is also experienced in the complex area relating to United Nations Convention on Contracts for the International Sale of Goods ("CISG") – sometimes referred to as the Vienna Sales Convention.