Abstract
This chapter makes a retrospective analysis of FDI legislation. This is in part a response to the work of Gordley, who noted that the law of a single country cannot be an independent object of study. In order to understand law, even within a single country, one must look beyond its boundaries — indeed, beyond one’s own time. 1 However, the purpose of this historical review is also to present a comparative historical sketch of the common and divergent features of Kazakh legislation relevant to FDI. In trying to understand what role the state does and should play, it is helpful to take into account the structure of law. 2 Further, because the rules have been aptly described as the ‘skin’ of a living policy, 3 it is equally important to identify correlations between FDI legislation and changes in sociopolitical structures, and to monitor shifts in the dominant state policy towards FDI. Furthermore, undoubtedly, the legislation, through its history, principles and structure, reflects the choice of the government. The following section will examine the evolution of the relevant legislation in order to assess the overall dynamics of the FDI-related legislation before and immediately after Kazakh independence. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.