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Features of foreign investment in developing countries
Doubová, Klaudie ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a tři klíčová slova v anglickém jazyce Title: Features of foreign investment in developing countries Abstract: Thesis explores the issue of foreign investment in developing countries. The focus is mainly on the contractual relationship between China and African countries. This thesis answers the questions of what the features of African Chinese investment treaties are and whether these investment treaties are comparable to the treaties that China concludes with developed countries. In order to understand these issues, the thesis first discusses the history of investment protection and defines the basic concepts in this legal area. The following chapters provide a detailed analysis of bilateral investment treaties concluded between developing states as well as developed states. The aim of the thesis is to review the implications of these African Chinese treaties for Africa. Keywords: Bilateral Investment Treaties, basic principles of foreign investments, China-Africa Investment Treaties
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International Legal Aspects of the Deportation of Children from Ukraine in the Context of Russian Aggression
Barčáková, Sára ; Honusková, Věra (advisor) ; Balaš, Vladimír (referee)
International Legal Aspects of the Deportation of Children from Ukraine in the Context of Russian Aggression Abstract This thesis examines the question of whether the deportation of children from Ukrainian territory in the context of the current armed conflict is unlawful. The first part of the thesis focuses on the nature of deportations of children from Ukrainian territory. It provides a definition of deportation from the perspective of the Rome Statute of the International Criminal Court, analyses the situation preceding the onset of the armed conflict with a focus on the evacuation of people from the eastern regions of Ukraine, and enumerates the ways and circumstances in which child deportations occur. This part also addresses filtration camps, where children often get separated from their families. Additionally, this part analyses changes to Russian citizenship law and presidential decrees facilitating expedited Russian citizenship for specific groups, including Ukrainian children. The second part of the thesis contextualizes these events within the realm of international law. It provides an overview of international legal instruments such as the Geneva Conventions, the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention on the Rights of the Child, and, notably, the...
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Legitimate Expectations as Part of the Fair and Equitable Treatment Standard in Investment Arbitration
Chochelová, Adriana ; Balaš, Vladimír (advisor) ; Urbanová, Kristýna (referee)
Legitimate Expectations as Part of the Fair and Equitable Treatment Standard in Investment Arbitration Abstract This thesis introduces the conceptual overview of the fair and equitable treatment standard in international investment arbitration with focus on its protection of legitimate expectations. The first part of the thesis is divided into five chapters. Firstly, the standard is introduced and set into historical context. In the second chapter the author explains the relationship between the FET standard of treatment and the minimum standard of treatment of foreigners under international customary law. The third chapter showcases the different formulations of FET provisions and the effects of the wording on the application of the norm. The fourth chapter deals with the substantive contents of the standard, introducing them in separate subchapters. These contents are stability and consistency, legitimate expectations, transparency, judicial propriety, and other contents are also briefly introduced. The last chapter introduces the other standards of treatment, existing next to the FET and the relationship among them. These standards are protection from expropriation without due compensation, full protection and security, protection from discriminatory and arbitrary measures and the national or MFN...
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Dispute settlement in the international economic law - selected aspects
Cibulková, Barbora ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
This thesis deals with the dispute settlement in international economic law. Specifically, it focuses on dispute settlement mechanism within the framework of the World Trade Organization (WTO). The aim of the thesis is to examine specific features and evolution of this mechanism and to look at its functioning through case analysis. As an object of the case analysis I chose to investigate cases which have been filed by or against People's Republic of China (China) since its accession in 2001. The accession of China to the WTO was entailed with some controversy and China is well known as a state which is rather not in favor of international adjudication. Therefore, I would like to discuss why this system is more appealing to China and which consequences it might have. The thesis is divided into four main parts which are further divided into chapters. The first part of the thesis explores evolution of the dispute settlement mechanism of the WTO from its predecessor GATT 1947 and outlines main features of the dispute settlement proceedings. The second and the third parts of the thesis shift focus on China and provide a basis for the case analysis in the fourth part. The second part deals with specific circumstances of the accession of China to the WTO, while the third part looks at historical and cultural...
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International investment arbitraion in selected EU Member States
Kiselyová, Miriama ; Šturma, Pavel (advisor) ; Chovancová, Katarína (referee) ; Balaš, Vladimír (referee)
International investment arbitraion in selected EU Member States Abstract This dissertation describes and analyzes the state of international investment arbitrations against selected EU Member States: the Slovak Republic, the Czech Republic, Poland, Hungary and Romania. The goal is to gain an overview of the current status of ongoing and completed arbitrations, the background of the dispute and its causes, BIT breach sued/found, compensations sued/awarded and the outcome of the dispute (including annulment proceedings and possibly proceedings before the CJ EU), as well as using the lessons learned in further practice, either in BIT negotiation or in arbitrations. The first chapter briefly explains what international arbitration is and briefly defines selected arbitration rules. Next, the chapter explains what international investment agreements are, what their purpose is and what their usual content is. Subsequently, the content of modern investment agreements is briefly described. The chapter further briefly recalls the accession process of the Slovak Republic to the EU, analyzes the principle of priority of EU law not only over national but also international law, defines the line of argumentation of the so-called intra EU BIT objections of the Slovak Republic in investment arbitrations, a brief analysis...
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Manipulation of Sports Competitions in the Context of International Law
Woska, Jan ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
Manipulation of Sports Competitions in the Context of International Law The main goal of this thesis is to examine the manipulation of sports competitions in the context of international law. Albeit the manipulation of sports has a long history, it has seen dramatic growth and globalization over the last twenty years. It is so for several reasons connected mainly with the ever-growing commercialization of sports and the boom in sports betting. In recent years, sports betting has changed the perception of the manipulation of sports competitions as being an internal matter in sports. The massive entry of global betting syndicates and fixers into the field has clearly demonstrated that sports manipulation cannot be effectively tackled on the level of individual countries without international coordination. Such coordination is now made possible thanks to a unique international-law instrument tailored to tackle manipulation of sports competitions - the Council of Europe Convention on the Manipulation of Sports Competitions. After introducing the complexity of sports manipulation and its international-law dimension, the thesis examines individual parts of the convention, and its contribution to strengthening sports integrity and international cooperation. At the end, the thesis focuses on describing the...
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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Balaš, Vladimír (advisor) ; Hofmannová, Mahulena (referee) ; Feigerlová, Monika (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law
Bartková, Josefína ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law Abstract The thesis maps the genesis of the conflict between bilateral agreements on investment protection between EU member states and EU law since its beginning, outlining the historical development, the relationship between international law and EU law and the modifications brought by the Lisbon Treaty in the field of investment protection by including foreign direct investment into EU policy. It lays down the key reasons for the different underpinnings of international and EU law, underpinning both the CJEU judicial doctrines of autonomy and supremacy on which EU law is founded and relevant investment arbitration case law. From the point of view of incompatibility, it focuses on the most fundamental arbitration clause, the non-compliance with EU law of which is illustrated by the case law of the CJEU in the foreground with the Achmea decision and the opinions of the European Commission. It further evaluates the possibility of excluding the application of bilateral agreements on investment protection between EU member states by applying specific provisions of the VCLT (Articles 59, 30, 54), and while doing so it compares investment protections...
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The International Court of Justice and its jurisdiction in contentious cases
Šindelková, Soňa ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee) ; Caban, Pavel (referee)
1 The International Court of Justice and its jurisdiction in contentious cases Abstract This doctoral thesis deals with jurisdiction of the International Court of Justice (hereinafter the " ICJ"") in contentious cases (or, in other words, its contentious jurisdiction). The ICJ works in the environment of international community in which the principle par in parem non habet imperium applies. Consequently, the ICJ's contentious jurisdiction is based on the consent of States parties to a dispute (principle of consent). The key questions dealt with in this thesis are the following ones. How does the law, practice of States and, in particular, jurisprudence of the ICJ cope with the specific features of the horizontal system of international law? Who can appear before the ICJ, and under what circumstances? More specifically, how does the ICJ adjudicate on its competence? What are the origins of the delimitation of the ICJ's jurisdiction and how has it evolved since hundred years ago? The contentious jurisdiction of the ICJ, the most important international court, is a legal concept of crucial importance. It originates and operates within certain frameworks such as historical, systemic and procedural. Its historical background and development are of particular relevance here. The mechanism was designed in 1921 and...
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The position of guarantees of non-repetition within transitional justice
Hůlová, Eliška ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The Position of Guarantees of Non-repetition within Transitional Justice Abstract Within transitional justice (TJ), guarantees of non-repetition (GNRs) refer to measures aiming to prevent the recurrence of mass human rights violations. They form one of the four pillars of TJ (next to justice, truth and reparation). In contrast with the other three pillars, GNRs are concerned primarily with the future and present a function that may be fulfilled by an open- ended variety of measures. Thus, GNRs aim to fulfil the preventive function of TJ. However, although non-repetition is understood as one of the core objectives of TJ, GNRs remain underexplored and there is much ambiguity surrounding the topic. This thesis thus aims to contribute to the conceptualization of GNRs within TJ. To this end, this thesis explores the origins and normative foundations of GNRs as a State obligation arising from mass and systematic human rights violations. This analysis starts with a review of GNRs within the law of state responsibility, followed by an exploration of the concept's development in international human rights law and TJ. Since GNRs can be conceived either as a part of reparations or as a separate pillar of TJ, this section also explores the foundations for both of these understandings. Subsequently, this thesis turns to...
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