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Agreements on the protection of investments between the EU and China
Zamrazil, Jakub ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The purpose of my thesis is to analyse Bilateral Investment Treaties between the EU and China. The question that passes through the entire work is whether there is indeed a homogeneous relationship in FDI between the EU and China as a whole, or whether the practice is rather different relationship with the EU members with some common and different elements. I have chosen the theme of this thesis because I am interested in investment relations, and China is a very attractive destination for the investment, that has from a European point of view its specific features. The thesis is composed of six chapters. In the chapter one I decided to take historical approach by researching the needs and motivations that inspired and influenced the emergence of the BIT program between the EU and China. From a historical approach to the development of FDI in China is obvious that the policy of FDI in China follows the national interests of China. From the beginning FDI was an unwanted tool for China that did not correspond with national policy, however it provided the necessary capital. Over time, China has changed its approach from receiving investment indiscriminately into the consistent direction of flow of FDI into desired sectors. The second chapter provides an analytical view of the current legal framework...
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Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic
Tanchinwuttanakul, Kamol ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee) ; Chovancová, Katarína (referee)
The commercial and investment relations between Thailand and the Czech Republic are longstanding. Currently, the Czech Republic imports a number of agricultural products and food from Thailand, and Thailand imports industrial technology from the Czech Republic. As a result, there are opportunities for Czech companies to invest in and establish business cooperation with Thai businesses with agreements to guarantee stable commercial investment relations between Thailand and the Czech Republic. Because of this, the Bilateral Investment Treaty (BIT) between both countries facilitates further development. The dissertation deals with research about the Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic. The first BIT between Thailand and the Czech Republic was the 'Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Kingdom of Thailand for the Promotion and Protection of Investments (1991)' which was replaced by the 'Agreement between the Government of the Kingdom of Thailand and the Government of the Czech Republic for the Promotion and Protection of Investments (1994) (BIT between Thailand and the Czech Republic 1994), and this BIT is still in force and has not been modified or amended. The object of...
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Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic
Tanchinwuttanakul, Kamol ; Balaš, Vladimír (advisor) ; Pauknerová, Monika (referee) ; Chovancová, Katarína (referee)
The commercial and investment relations between Thailand and the Czech Republic are longstanding. Currently, the Czech Republic imports a number of agricultural products and food from Thailand, and Thailand imports industrial technology from the Czech Republic. As a result, there are opportunities for Czech companies to invest in and establish business cooperation with Thai businesses with agreements to guarantee stable commercial investment relations between Thailand and the Czech Republic. Because of this, the Bilateral Investment Treaty (BIT) between both countries facilitates further development. The dissertation deals with research about the Protection of Investments under the Bilateral Investment Treaty between Thailand and the Czech Republic. The first BIT between Thailand and the Czech Republic was the 'Agreement between the Government of the Czech and Slovak Federal Republic and the Government of the Kingdom of Thailand for the Promotion and Protection of Investments (1991)' which was replaced by the 'Agreement between the Government of the Kingdom of Thailand and the Government of the Czech Republic for the Promotion and Protection of Investments (1994) (BIT between Thailand and the Czech Republic 1994), and this BIT is still in force and has not been modified or amended. The object of...
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Agreements on the protection of investments between the EU and China
Zamrazil, Jakub ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
The purpose of my thesis is to analyse Bilateral Investment Treaties between the EU and China. The question that passes through the entire work is whether there is indeed a homogeneous relationship in FDI between the EU and China as a whole, or whether the practice is rather different relationship with the EU members with some common and different elements. I have chosen the theme of this thesis because I am interested in investment relations, and China is a very attractive destination for the investment, that has from a European point of view its specific features. The thesis is composed of six chapters. In the chapter one I decided to take historical approach by researching the needs and motivations that inspired and influenced the emergence of the BIT program between the EU and China. From a historical approach to the development of FDI in China is obvious that the policy of FDI in China follows the national interests of China. From the beginning FDI was an unwanted tool for China that did not correspond with national policy, however it provided the necessary capital. Over time, China has changed its approach from receiving investment indiscriminately into the consistent direction of flow of FDI into desired sectors. The second chapter provides an analytical view of the current legal framework...
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Arbitration in international investment disputes
Pivarči, Michal ; Švarc, Zbyněk (advisor) ; Koucká, Jiřina (referee)
The purpose of my thesis is to analyse the arbitration as a means of settlement of international investment disputes. The reason for my research is the dynamic growth in number of international investment disputes which appears to examine the adaptability and viability of international law. The thesis is composed of four chapters, each of them dealing with different aspects of the problems. Chapter One is introductory, it defines basic terminology used in the thesis and deals with the means of investment protection. The chapter is subdivided into four parts. Parts One to Three describe the fundamental terms such as international investment law, international investment and investor from economic and legal points of view. Part Four describes the historical background and the current state of foreign investment protection. Chapter Two focuses on international arbitration as a means of investment disputes settlement. It mentions several possibilities and analyses the two predominant ones - the arbitration mechanisms of the International Center for the Settlement of Investment Disputes (ICSID) and the ad hoc arbitration using the UNCITRAL rules. Chapter Three investigates the position of States in these disputes. It is subdivided into three parts. Part One compares the sovereignty of States with the substantive rights of the investors. Part Two examines the relation of this system to public law and Part Three questions the interests of private arbitrators. Chapter Four provides an outline of relevant Czech case law. Although it has not been very abundant up to the present day, it illustrates well the approach to decision-making by some arbitration courts and common faults of State agencies when addressing foreign investors. Conclusions are drawn in the final part of the thesis. The main aim of the thesis is to expand my initial hypothesis that international investment arbitration forms an unprecedential system, which addresses the balance between the interests of private investors and sovereign States. The standards of investment protection as described thereinbefore appear to be a powerful instrument to strengthen the position of foreign investors. Finally, several changes in the legislation and international treaties, which would equilibrate the balance back, are suggested in the Conclusion.
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