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The indirect expropriation of foreign investors
Poništiak, Ondrej ; Lipovský, Milan (referee)
331 The indirect expropriation of foreign investors Abstract International trade has been booming among various types of states for several millennia. The development of international trade is influenced not only by these types of states, but also by the significant contribution of foreigners and the various entities they establish. The vision of expansion and opportunities related to new markets encourages them to abandon the explored and well-known domestic waters and plunge into foreign investment activities. The investment in the jurisdiction of a foreign host country entails several additional risks for the foreign investor in addition to the expected investment potential. These risks are related to different political, economic, legal, cultural and overall social backgrounds. Nevertheless, at the beginning of the 21st century, foreign investment is reaching staggering parameters. On a global level the total foreign direct investments amounted to USD 1.43 trillion in 2017. Of course, such an important social area is subject to regulation. Since about the middle of the 20th century, said regulation has included the standard of protection of foreign investors against indirect expropriation, which is the subject of the submitted thesis. This kind of expropriation is currently one of the most fundamental...
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The indirect expropriation of foreign investors
Poništiak, Ondrej ; Lipovský, Milan (referee)
331 The indirect expropriation of foreign investors Abstract International trade has been booming among various types of states for several millennia. The development of international trade is influenced not only by these types of states, but also by the significant contribution of foreigners and the various entities they establish. The vision of expansion and opportunities related to new markets encourages them to abandon the explored and well-known domestic waters and plunge into foreign investment activities. The investment in the jurisdiction of a foreign host country entails several additional risks for the foreign investor in addition to the expected investment potential. These risks are related to different political, economic, legal, cultural and overall social backgrounds. Nevertheless, at the beginning of the 21st century, foreign investment is reaching staggering parameters. On a global level the total foreign direct investments amounted to USD 1.43 trillion in 2017. Of course, such an important social area is subject to regulation. Since about the middle of the 20th century, said regulation has included the standard of protection of foreign investors against indirect expropriation, which is the subject of the submitted thesis. This kind of expropriation is currently one of the most fundamental...
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The indirect expropriation of foreign investors
Poništiak, Ondrej ; Balaš, Vladimír (advisor) ; Ondřej, Jan (referee) ; Chovancová, Katarína (referee)
331 The indirect expropriation of foreign investors Abstract International trade has been booming among various types of states for several millennia. The development of international trade is influenced not only by these types of states, but also by the significant contribution of foreigners and the various entities they establish. The vision of expansion and opportunities related to new markets encourages them to abandon the explored and well-known domestic waters and plunge into foreign investment activities. The investment in the jurisdiction of a foreign host country entails several additional risks for the foreign investor in addition to the expected investment potential. These risks are related to different political, economic, legal, cultural and overall social backgrounds. Nevertheless, at the beginning of the 21st century, foreign investment is reaching staggering parameters. On a global level the total foreign direct investments amounted to USD 1.43 trillion in 2017. Of course, such an important social area is subject to regulation. Since about the middle of the 20th century, said regulation has included the standard of protection of foreign investors against indirect expropriation, which is the subject of the submitted thesis. This kind of expropriation is currently one of the most fundamental...
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Intervention of the state in the property rights of foreign investors
Poništiak, Ondrej ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
VI Abstract International investment activity plays in the capitalistic globalized world, which is aimed at sustainable economic growth, an important role. Effort of the states to ensure the most favourable investment conditions for foreign investors strikes in some spheres on legitimate regulatory state measures, which are adopted with reference to the international law principle of state sovereignty. Expropriation or nationalisation together with the seizure represented in the past the most compelling taking of foreign investor property rights and their identification didn't make pronounced troubles. It's clear that confiscatory or nationalizing states measure doesn't increase its investment attractivity and so states are nowadays in the sphere of takings into foreign investor property interests much more careful and more inventive. The task of submitted work is among other things to characterize these takings referred to by notion indirect expropriation and to differentiate them from legitimate state measures regarding the general social aims and social interests, which don't require any compensation in contrast to indirect expropriation. By reason that the right to expropriate is seen to be part of customary international law, there was especially a developed states effort to regulate the conditions of...
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