Legal Aspects of Joint Ventures in Eastern Europe

DENNIS CAMPBELL AND MARK MILLER Introduction Within the last decade, there has been significant expansion in both the frequency and quantity of direct foreign investment by Western countries and multinational 1 corporations (MNC's) in the forni of joint ventures in Eastern Europe. These joint ventures, as well as other forms of mutual-cooperation trade arrangements, represent positive evidence of the increasing enthusiasm towards East-West trans­ actions now found on both sides of the European frontier. The spirit with which Western governments and business interests have sought to expand involvement in the East European market has been well documented. However, there has been relatively little attention paid to the extremely important internal changes which have come about within the foreign-trade policies of the Eastern European coun­ tries and which have served to accommodate the growth of trade with the West. This dramatic increase in direct foreign investment in the form of joint ventures results primarily from the passage of enabling legislation in a number of the East European states, legislation which has facilitated and attracted business invest­ ment from the West. Thus, it is opportune to examine and review the policy reforms and amendments which have been enacted in Eastern Europe and the Western responses thereto. As a preliminary matter, the term 'joint venture', as well as other mechanisms for foreign investment as used here, should be defined and distinguished.