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Protection of Foreign Investments
Rychtrová, Lenka ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
Foreign Investment Protection One of the signs of globalization is the flow of foreign investment, which continually increases. Because of the benefit that it can bring, there is an interest in its protection. The purpose of my thesis is to analyse the protection of foreign investment in the Czech Republic, focusing on dispute resolution. The first chapter deals with the definition of foreign investment. It is focused on this legal term in multilateral international agreements and bilateral investment treaties. The second chapter contains the sources of relevant law. The main part of the thesis is the third chapter. It characterises the concept of resolving disputes in the field of investment. The first part of the chapter describes litigation between states especially within the framework of the World Trade Organisation. The second part explains the resolution of conflicts between the investor and the target State though the International Centre for Settlement of Investment Disputes (ICSID) and it examines particular provisions of the ICSID Convention. The third section of the chapter is focused on investment disputes brought before the arbitration body. The majority of bilateral investment treaties refers to the arbitration rules of UNCITRAL, which regulates the procedure. The text also discusses...
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Protection of Foreign Investments
Rychtrová, Lenka ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
Foreign Investment Protection One of the signs of globalization is the flow of foreign investment, which continually increases. Because of the benefit that it can bring, there is an interest in its protection. The purpose of my thesis is to analyse the protection of foreign investment in the Czech Republic, focusing on dispute resolution. The first chapter deals with the definition of foreign investment. It is focused on this legal term in multilateral international agreements and bilateral investment treaties. The second chapter contains the sources of relevant law. The main part of the thesis is the third chapter. It characterises the concept of resolving disputes in the field of investment. The first part of the chapter describes litigation between states especially within the framework of the World Trade Organisation. The second part explains the resolution of conflicts between the investor and the target State though the International Centre for Settlement of Investment Disputes (ICSID) and it examines particular provisions of the ICSID Convention. The third section of the chapter is focused on investment disputes brought before the arbitration body. The majority of bilateral investment treaties refers to the arbitration rules of UNCITRAL, which regulates the procedure. The text also discusses...
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The concept of investments in international agreements on the protection of investments
Gajdošová, Zuzana ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
DEFINITION OF INVESTMENT IN INTERNATIONAL PROMOTION AND PROTECTION AGREEMENTS Abstract Definition of the investment is of particular importance in terms of scope of the rights and obligations arising out of the investment protection treaties. This is the case especially when we are in the presence of dispute between the foreign investor and the host state where definition forms the basis of the tribunal's jurisdiction. The object of this thesis is in spite of the absence of globally accepted legal definition of "foreign investment" to attempt to summarize most of the historical and current concepts of this notion and to provide by means of the various legal sources, case law as well as the doctrinal points of view the comprehensive approach to its content in the modern international investment law. However this absence of the general legal definition of the international investment was not considered as the obstacle for its use. Instead it represents the advantage in terms of potentially wide field of its application and the flexibility resulting from its openness. Bilateral investment treaties representing the mainstream of the regulation of international investments covers quite a wide field of economic activities to which the investment tribunals in the course of their function attempted to draw some...
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