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Law and Politics
Reference:
Schemshuchenko, S.O.
The bilateral investment treaties: typical structure,
definition and formulae of their provisions.
// Law and Politics.
2012. № 12.
P. 2030-2034.
URL: https://en.nbpublish.com/library_read_article.php?id=51881
Schemshuchenko, S.O. The bilateral investment treaties: typical structure,
definition and formulae of their provisions.
Abstract:
The article includes a review of the typical elements of the
structure of bilateral treaties on protection and support of
investments, which are also known as bilateral investment
treaties. The author analyzes the key definitions and
formulae of such treaties. In particular, the article includes
analysis of the terms "investments", "investor", "income"
and "territory" within the context of their interpretation
and application for the purposes of the investment treaties.
The author then comes to a conclusion that investments
may be regarded as contractual or other transactions of
economic value. The article is also concerned with the
issues of support and encouragement of foreign investments,
including access of personnel and establishment of offices.
The author also pays attention to the issues of investment
protection, which may be implemented by the standards
of treatment towards the foreign investments. It is defined
that international investment arbitration serves as a
mechanism for the implementation of such obligations. The
terms related to the arbitration and other means of conflict
resolution are also analyzed in this article.
Keywords:
jurisprudence, bilateral investment treaties, foreign investments, international investment arbitration, arbitration, protection of investments, standards of treatment, dispute resolution, investments, investor.
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This article written in Russian. You can find original text of the article here
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References
1. UNCTAD, World Investment Report 2012. Towards a New Generation of Investment Policies (New York and Geneva: United Nations, 2012) [Elektronnyy resurs]. – Rezhim dostupa: http://www.unctad-docs.org/UNCTADWIR2012Full-en.pdf. – P. 84.
2. Newcomb, A, Paradell, L Law and Practice of Investment Treaties: Standards of Treatment (Kluwer Law International, 2009), P. 124
3. Fedax N.V. v. The Republic of Venezuela (Award on Jurisdiction, 11 July 1997) [Elektronnyy resurs]. – Rezhim dostupa: http://italaw.com/documents/Fedax1997-Last.pdf. – para. 19
4. Sornarajah, M, The International Law on Foreign Investment. Third Edition. – Cambridge University Press, 2010. – P. 200
5. Reisman, W.M, Sloane, R, Indirect Expropriation and Its Valuation in the BIT Generation, Faculty Scholarship Series (2004) [Elektronnyy resurs]. – Rezhim dostupa: http://digitalcommons.law.yale.edu/cgi/viewcontent. cgi?article=2043&context=fss_papers. – P.
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