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General exceptions and police powers doctrine in indirect expropriation
Bělova, Alžběta ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
1 ABSTRACT International investment dispute resolution is undoubtedly a place where many public and private interests come together, and it is not always easy to find equilibrium thereamong. Finding this balance is often a very complex discipline, as was confirmed by many investment tribunals in their decision-making practice. One of the most discussed problems in today's investment disputes is the issue of indirect expropriation and the related possibility of the state to adopt various regulatory measures and laws. It is often the case that, as a result of such measures, the proprietary rights of an investor are infringed and, as a consequence, they may bring a claim before an international investment tribunal against the respective state on the grounds of indirect expropriation. It is precisely because of this possible course of events that states have gradually become more cautious in adopting various legal measures, although some of them might be needed for the sake of environmental protection or the health of the population. This unwanted condition has come to be called "regulatory chill". In response to these developments in international investment law, states have gradually started to include certain provisions in their international investment agreements, which aspire to restore and secure the...
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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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