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International Investment Protection from Expropriation
Štefánková, Iveta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
International investment law has become increasingly prominent in the international legal order. This thesis explores specific and topical problem of international expropriation law, with the main focus on the vast network of international investment agreements (IIAs) supplemented by the general rules of international law. The thesis traces the context and evolution of the protection of foreign investments in response to the transformation of state liability in international law. Particular consideration is given to the relationship between the International Minimum Standard (IMS) and the Calvo Doctrine as two clashing descriptive statements of customary international law governing the treatment of foreigners and their assets. With the onset of the BIT generation, the economical accountability of states is examined in compliance with the scope and conditions defined in clauses and provisions of the contemporary investment treaties. In addition, the thesis focuses on the substantive protection accorded to foreign investors and investments. The aim is to identify the limits of the state's right to expropriate foreign investments by imposing legality requirements standard. The requirements for lawful expropriation are addressed with a thorough examination of jurisprudence of international courts and...
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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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Collective Memory and Historical Responsibility in Contemporary Japan
Kovácsová, Petra ; Sýkora, Jan (advisor) ; Labus, David (referee)
Collective memory is a term that describes a series of memories of individuals that are shared by the collective and treated as official and socially acceptable for the group, may that be a small community or the whole nation. Memory is always selective and subjective so it cannot be taken as an equal to history. However, its value as a historical source should not be underestimated. A significant part of the collective memory in contemporary Japan is the Second World War. Even though it has been almost two generations since its end, the memories and the legacy are still vivid. The reason why is the great impact the war had on the Japanese. The country changed immensely and the society also underwent major modifications. One of them was the fact that once a proud nation deriving its origin from gods had to take responsibility for the war atrocities and accept their defeat. As my work will demonstrate, the question of historical responsibility has not been fully answered yet. There are still people who believe that Japan has not done enough to apologise and atone for its crimes and they demand action. I am using the example of the former comfort women, whose case is still open, to illustrate that there are still war-connected problems in Japan that are being overlooked or not dealt with properly....
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International Investment Protection from Expropriation
Štefánková, Iveta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
International investment law has become increasingly prominent in the international legal order. This thesis explores specific and topical problem of international expropriation law, with the main focus on the vast network of international investment agreements (IIAs) supplemented by the general rules of international law. The thesis traces the context and evolution of the protection of foreign investments in response to the transformation of state liability in international law. Particular consideration is given to the relationship between the International Minimum Standard (IMS) and the Calvo Doctrine as two clashing descriptive statements of customary international law governing the treatment of foreigners and their assets. With the onset of the BIT generation, the economical accountability of states is examined in compliance with the scope and conditions defined in clauses and provisions of the contemporary investment treaties. In addition, the thesis focuses on the substantive protection accorded to foreign investors and investments. The aim is to identify the limits of the state's right to expropriate foreign investments by imposing legality requirements standard. The requirements for lawful expropriation are addressed with a thorough examination of jurisprudence of international courts and...
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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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Connection of elektrothermal devices to the network
Sumka, Martin ; Lázničková, Ilona (advisor)
This thesis devotes with electrothermal devices and their behavior when connected to the network. It describes the basic types of electrothermal equipment, their structure, construction, principle of converting electrical energy into heat energy and goings that occur during their operation. It also examines the basic types and ways of dealing with compensation and symmetrization applied on different types of electrothermal equipment. It explains the basic methodology used for design of compensation and symmetrization of particular electrothermal equipment and components.
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