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Legal Framework of Protection of Foreign Direct Investment under Bilateral Investment Treaties and European Law
Moškvan, Dominik ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
This thesis aims to analyse alleged incompatibility of bilateral investment treaties signed between the Member States of the European Union with the European Union law and its impact on the investment environment of the Union. Bilateral investment treaties are found to be incompatible with EU law. First, it is the provision allowing for dispute settlement in the form of arbitration, thereby excluding the case from EU judicial review and infringing the primacy and autonomy of EU law. Second, it is the preferential treatment of investors given only to an investor from a state with a concluded BIT conflicts the non-discrimination principle. Preferential treatment given in BITs should be either unilaterally extended, or dismissed for all investors. Unless rescinded, BITs remain valid. Investment environment of the European Union might be exposed to an increased risk of legal uncertainty. This is due to the existence of dichotomy of investment arbitration and national courts, which has not allowed for a binding interpretation of EU law since arbitration courts are not considered to be a court of a Member States with respect to the meaning of Article 267 of the Treaty on the Functioning of the European Union. Concurrence of the two parallel systems of dispute resolution does not allow for a prompt...
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Treasure islands: the economic analysis of tax havens
Filip, Ondřej ; Janský, Petr (advisor) ; Adam, Tomáš (referee)
Bachelor Thesis Abstract This thesis strives to introduce a wider notion of tax havens. We alter a traditional paradigm by investigating tax havens' influence on economic performance of other countries. The first part of the thesis copes with issues implied by the absence of a suitable tax haven's definition which results in compiling an inclusive list of havens. Subsequently, we present a data-based description of the identified tax havens with an emphasis on several widely-held assertions. The second part delivers an empirical analysis. It illustrates the role of tax havens as financial intermediaries. We examined whether the volumes of capital flows between non-havens and tax havens correspond to the sizes of the counterpart economies and to their mutual distance. Foremost, we found intensified capital flows between tax havens and large non-haven countries in their close proximity. The thesis concludes by a discussion of results.
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The Impact of FDI on Host Economy - A Case Study of TRCZ
Vazač, Adam ; Blažek, Jiří (advisor) ; Hlaváček, Petr (referee)
This study deals with foreign direct investments and their impacts on regional labour market and on domestic firms through spillover effects. The main goal was to find out if the foreign presence has positive influences on the host regional economy. This study has two important parts - quantitative and qualitative researches. The result of quantitative research based on multiple regression comes with no relevant empirical evidence of spillover effects. The qualitative research as a case study of TRCZ allows a trying to solve possible FDI-impacts on regional economy of Lovosice region. Keywords: foreign direct investment, multinational enterprises, impact of FDI, host economy, spillover effects
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Effects of foreing investment on international trade
Koubková, Klára ; Semerák, Vilém (advisor) ; Hildebrandt, Barbora (referee)
The main objective of this thesis is to discuss the effects of foreign direct investment on international trade. The FDI are considered as an important source of skilled labour force, know-how and technological innovations. Thus, it is expected its positive impact on economic growth and export performance of host country. However, the theoretical and empirical evidence do not provide any clear statement dealing with relationship of FDI and international trade. In empirical part of the thesis, we apply the Gravity model on Czech and German data to investigate bilateral flows of FDI, exports and imports and to identify the possible relationship between FDI and trade flows. We came to the conclusion that there is no statistically significant relationship between these variables.
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Legal and Economic Aspects of Foreign Direct Investment with Reference to Taiwan
Jindra, Marek ; Bažantová, Ilona (advisor) ; Dupáková, Lenka (referee)
Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Title: Legal and Economic Aspects of Foreign Direct Investment with Reference to Taiwan Abstract: The thesis on "Legal and Economic Aspects of Foreign Direct Investment with Reference to Taiwan" consists of two main parts, which are divided into eight chapters. The thesis uses the methods of secondary source analysis, synthesis, and comparison. The thesis is mainly based on domestic and foreign literature, foreign legislation, documents and data of international organizations published on their websites, academic articles, textbooks, and economic studies. The first part of the thesis deals with the general issue of foreign direct investment in four chapters, both from the legal and economic points of view. The thesis introduces the reader to the definitions of investment and investor, the nature and meaning of investment, the standards of treatment of investment, and, last but not least, its legal regulation. This section aims to provide a comprehensive overview of the various aspects of foreign direct investment protection, which will provide a well-rounded insight into the subject. In the second practically oriented part, the thesis analyses foreign direct investment in Taiwan. In particular, it...
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EU member states FDI policies and Chinese investments
Neumanová, Petra ; Kučerová, Irah (advisor) ; Kramer, Zachary John (referee)
The topic of this master thesis are the EU FDI policies and their development specifically in the period 1999 - 2019. The aim of this master thesis is to answer the research question: "Why the European FDI policies have changed during 1999-2019?" In April 2019, a new regulation regarding a framework for screening of foreign direct investment in the European Union has passed. The process of screening should be applied in case a foreign direct investment would pose a threat to security or public order. The EU has been traditionally a promoter of the liberal trade and free movement of capital. Yet, the proposal presents a new tool in the FDI policy that can be seen as restrictive. In this thesis author analyzes what processes led to the introduction of this new framework. Following the theoretical framework regarding security concepts and evolution of new threats, the author elaborates on the first hypothesis that "It is possible to identify strengthening of the concept of security and more restrictive approach in the FDI policies of EU member states during 1999-2019" by analyzing the evolution of EU FDI policy and policies of Germany and France as ones of the biggest recipients of FDI in the EU. Furthermore, the author uses the theoretical framework of realism and international political economy to...
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Economic and legal aspects of foreign direct investment in the Czech Republic
Hrazdíra, Adam ; Bažantová, Ilona (advisor) ; Dupáková, Lenka (referee)
Economic and legal aspects of foreign direct investment in the Czech Republic Abstract The thesis deals with the issue of foreign direct investment and investment incentives in the Czech Republic from an economic and legal point of view. The thesis defines the term FDI in the legislative framework and analyses from the available literature its positive and negative impacts on the host country and economic growth. Within the work, the genesis and development of the key Act No. 72/2000 is analysed in detail. The work aims to confirm the impact of changes in investment incentives on the inflow of FDI in the Czech Republic in the last two decades. The institutional role of CzechInvest and the procedure for approving investment incentives is also part of this work. Based on several studies, the thesis presents a dissenting opinion on the impact of investment incentives on the inflow of new investments and the overall economic advantage of these subsidies. In terms of statistical data, the work analyses both data on investment incentives and the inflow of FDI into the Czech Republic, both from a territorial and sectoral point of view. Part of the work is also an overview of the main determinants defined by experts influencing the inflow of FDI into the host countries. The work analyses the current development of...
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The impact of a new scramble for Africa between the EU and China - a comparative case study of foreign direct investment in Senegal and Zambia
Mocák, Filip ; Kučerová, Irah (advisor) ; Mazač, Jan (referee)
The goal of this research is to shed light on the impact of European foreign direct investment and growing Chinese foreign direct investment in Sub-Saharan Africa through lenses of neocolonialism and orientalism. A case study analysis is utilized to grasp the topic appropriately. Two case studies were set - Senegal and Zambia case study. While Senegal serves predominantly as a case study for the impact of EU foreign direct investments, The case study of Zambia helps to understand how Chinese FDI inflow affects Sub-Saharan countries. Therefore, six hypotheses were outlined. This work researches the impact of FDI on the level of democracy represented by the democratic index of The Economist Intelligence Unit, business freedom embodied in The Heritage Foundation's economic freedom index, and stability of state symbolised by the fragile state index studied by The Fund for Peace. All three indexes above are available for free online. The correlation between EU FDI and level of democracy was confirmed while Chinese FDI negatively affects democratic development in studied countries. Next, European FDI positively affects the level of economic freedom in Senegal as well as Zambia. Nevertheless, increased Chinese FDI inflow to the countries deteriorated their economic freedom. Lastly, there is no clear...
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International Investment Agreements and European Union Law
Fecák, Tomáš
The relationship between international investment agreements and EU law have attracted a lot of attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in following steps. After a short introduction (Chapter I.), Chapter II. contains a brief overview of typical content of bilateral investment treaties as well as a more detailed analysis of relevant EU law rules concerning foreign investment, enabling subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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