Foreign Direct Investment (FDI) in Land in developing countries

18Land for SaleRice fieldit. The frequently used terms “land grab”, “landgrabbing” or “the new neo-colonialism” indicatethe negative attitude towards FDI in land.Regarding the opportunities and risks of FDI inland, some specifics of agricultural productioncompared to other sectors have to be considered(De Schutter, 2009).The dominant negative attitude towards FDI inland may lead to an ignorance of possible developmentperspectives. Major objective therefore,should be to enhance the positive potential byavoiding negative effects. The human right to foodis not directly enforceable by law, but plays a rolein shifting more awareness to sustainable foodsecurity policies: The UN developed voluntaryguidelines which may serve as a coherent tool boxby combining different measures at differentpolitical levels and by combining legal instrumentsand development strategies.Despite international frameworks and agreements,the domestic law in the target country is themajor basis for access of a foreign investor and fortreating him once he invested. Regarding access toa target country, certain sectors and activities canbe excluded from foreign property, which often isthe case for land acquisitions and lease. Aftergetting market access, national treatment isrequired. This treatment refers to the overallbundle of national legal requirements like propertyrights in land and water, labour rights, humanhealth and safety, taxes or environmental standards.Rights stemming from international investmentagreements are layered over the domestic lawand domestic laws and government activity that isinconsistent with the international investmentagreement can be challenged by the investor(Smaller and Mann , 2009).