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Selected aspects of resolving international investment disputes
Skolil, Ivo ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
Resumé This thesis on selected aspects of the resolution of the international investments disputes tackles the challenge of the arbitrator under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Its main aim is to analyze current legal regulation of the arbitrator's qualification and the following challenge procedures. Further to analyze, how is current international practice with regard to issue of impartiality and independence of arbitrators in case law of the International Centre for Settlement of Investment Disputes. Upon such analysis to reveal shortcuts of the legal regulation and case law and propose future improvements for the whole system of the arbitrators' challenges. The thesis itself is dividing into chapters, the first chapter deals with the arbitrators' qualifications and challenges in the international investment arbitration. Further refers to the interpretation of relevant articles of the Washington Convention by arbitral tribunals and to conclusions formulated by them in challenge decisions. The second chapter is base on the comparison between arbitrators' challenges and qualifications in the international investment arbitration and the international commercial arbitration, where is main target to analyze differences of both systems....
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Fair and Equitable Treatment and Legitimate Expectations in Investment Disputes
Horáková, Tereza ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
The concept of legitimate expectations plays a significant role in international investment law. Although it is only in the past roughly fifteen years that the concept has come to the spotlight, its importance and utilization is on the rise. Generally speaking, the concept of legitimate expectations, under certain conditions, allows a foreign investor to claim compensation in situations where the conduct of a host State creates a legitimate and reasonable expectation that the investor may rely on such conduct, and consequently the host State fails to fulfill those expectations, causing damages to the investor. However, the concept of protection of legitimate expectations has stirred up debates as to the legitimacy of its use in investment law and raised concerns due to its imprecise boundaries and excessively extensive interpretation. Accordingly, it is the goal of this thesis to either confirm or refute two main propositions. The first proposition suggests that the principle of protection of legitimate expectations is an established principle of investment law with traceable origins in both domestic law and general international law. The examination of the first proposition addresses theoretical roots of the concept of legitimate expectations justifying its application in investment law together...
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The concept of investments in international agreements on investment protection
Klucký, Lukáš ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
The Concept of Investment in International Agreements on Investment Protection The definition of investment is the key task for correct scope of application of rights and obligations, arising from investment contracts and for establishment of tribunals' jurisdiction above disputes, arising from contracts of investment character. The Work goal is analysis of individual bilateral, multilateral and versatile legal acts, containing the term "investment", from the international law viewpoint. It contains brief historical development and clarification of requirements that the investment must fulfill so that the investor, no matter whether a natural person or a juridical person, could claim protection of his/her investment, provided in compliance with relevant investment protection agreements. In spite of general cultural, political and geographical variety of the acts analyzed, it is possible to observe an effort to find common elements that the investment should contain and that are based, in particular, on their economic significance. The introductory chapter deals briefly with historical understanding of an investment in the context of international business development, beginning with the diplomatic protection institute, amended in international customary law. The second chapter pursues...
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Expropriating intervention of the state in the rights of a foreign investor
Kohan, Juraj ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
EXPROPRIATING INTERVENTION OF THE STATE IN THE RIGHTS OF A FOREIGN INVESTOR (TAKING OF THE FOREIGN INVESTOR'S PROPERTY) The aim of the thesis is to provide a commentary on the topic of taking of foreign investor's property in such a manner, that a person, with only a fair knowledge of the term "expropriation" and no knowledge of the international investment law, would by reading the paper alone acquire a broad insight into this branch of international law and into its specific concept of taking. For this reason, there is a great attention paid to the evolution of the term in the different sources of international investment law rules, as well as to the theoretical aspects of property in the international law. The focus of the thesis is on the indirect expropriation, which is understood therein as one of the categories of the wider term: "taking". In order to explain the intricacies of the notion of indirect expropriation the author is using the terminology of criminal law. The inspiration for that was one of the articles cited in the text. The study shows that judicial decisions, although being only a subsidiary source of legal rules, are in fact principal means of determination of rules of law in this area. International agreements are slow to react to the needs of the changing relationships of...
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Selected aspects of resolving international investment disputes
Skolil, Ivo ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
Resumé This thesis on selected aspects of the resolution of the international investments disputes tackles the challenge of the arbitrator under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Its main aim is to analyze current legal regulation of the arbitrator's qualification and the following challenge procedures. Further to analyze, how is current international practice with regard to issue of impartiality and independence of arbitrators in case law of the International Centre for Settlement of Investment Disputes. Upon such analysis to reveal shortcuts of the legal regulation and case law and propose future improvements for the whole system of the arbitrators' challenges. The thesis itself is dividing into chapters, the first chapter deals with the arbitrators' qualifications and challenges in the international investment arbitration. Further refers to the interpretation of relevant articles of the Washington Convention by arbitral tribunals and to conclusions formulated by them in challenge decisions. The second chapter is base on the comparison between arbitrators' challenges and qualifications in the international investment arbitration and the international commercial arbitration, where is main target to analyze differences of both systems....
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Agriculture in the law of the World Trade Organization
Husáková, Magdaléna ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
Agriculture in the Law of World Trade Organization Regulation on international agricultural trade is one of the most sensitive fields of international trade regulation by the agreements of the WTO. The current law is contained in the Agreement on Agriculture and it is the first regulation of the foreign trade in agricultural products in the WTO scheme. The purpose of this thesis is to clarify the important aspects of the current law. The thesis also addresses the context in which the Agreement on Agriculture takes effect, especially from the viewpoint of its influence on developing countries. Various chapters also briefly deal with the possible content of the future Agreement on Agriculture according to the most recent results of the Doha development round negotiations. The thesis is divided into seven chapters. The introductory chapter is dedicated to the beginnings of international agricultural trade regulation and to the negotiations of the Uruguay round that resulted in the establishment of the World Trade Organization and in the conclusion of the Agreement on Agriculture. The second chapter analyzes general provisions of the Agreement on Agriculture and the relations of the Agreement with other agreements that form the basis of the World Trade Organization. The third chapter deals with the...
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