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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Šturma, Pavel (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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The Binding Effect of Decisions and Awards in International Disputes
Kadlec, Nicole ; Balaš, Vladimír (advisor) ; Hofmannová, Mahulena (referee) ; Feigerlová, Monika (referee)
1 Abstract and Key Words: The Binding Effect of Decisions and Awards in International Disputes Abstract International investment law accords foreign investors two main types of protection: first, it articulates standards of protection a host State must adhere to with respect to foreign investments, and, second, it provides an investor with a choice to have investment disputes settled by an independent international tribunal. While standards of protection and the mandate of arbitrators stem from an international investment treaty, arbitrators apply both national law and international law. Nevertheless, being regarded as principally deciding on the international responsibility of States, questions of national law are usually sidelined in the academic debate. This thesis rectifies this neglect and asks: How should an arbitrator in investment treaty arbitration treat national judicial decisions? The thesis addresses this question from doctrinal angle by analysing academic writings, judicial decisions, and arbitral awards in the field of international investment arbitration, international commercial arbitration, and the practice of the International Court of Justice. This is because investment treaty arbitration is a hybrid formation oscillating between public international law adjudication and national...
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Legal and economic aspects of foreign direct investment and historical evolution
Merenda, David ; Bažantová, Ilona (advisor) ; Hraba, Zdeněk (referee)
The aim of the present thesis is to introduce the topic of foreign direct investment (FDI) from the multiscience (multidiscipline) perspective. FDI is a phenomena that cuts across many fields of human activity. It is of major significance for the national economies and an important factor for the global economic growth. Although these characteristics of FDI are widely known today, it was not always the case in the past. Since the sixties, it has been a focus of deeper studies and an object of interest especially for the international organizations that supervise the global economy. As each socio-economic phenomena, the issue of FDI has its historical background and this thesis seeks to comprehend this subject and further tracks the emergence of the business climate and economical processes that show the characteristics of later defined FDI. The historical formation of FDI is related to qualitative and quantitative development of the phenomena, and to its temporal and geopolitical context. The thesis presents the most relevant factors and causes of the present state of FDI, and monitors the crucial moments of the elements contributing to the evolution of the international investment environment. A more detailed study is devoted to Central European countries, since their specific development after...
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International Investment Agreements and European Union Law
Fecák, Tomáš
The relationship between international investment agreements and EU law have attracted a lot of attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in following steps. After a short introduction (Chapter I.), Chapter II. contains a brief overview of typical content of bilateral investment treaties as well as a more detailed analysis of relevant EU law rules concerning foreign investment, enabling subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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Transatlantic Trade and Investment Partnership (TTIP)
Rott, Michael ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
(English) In the field of international law, the negotiated agreement between the EU and the US - TTIP - is a major source of law. In addition, its intended scope should encompass the provisions on investment protection. However, during the course of the bilateral negotiations, there was a leak of information which revealed that the agreement should include provisions of the dispute settlement mechanism that do not differ in its substantial aspects from those which are and have been incorporated into bilateral investment agreements between States. Therefore, in the process of investment disputes initiated under the TTIP agreement, the major influence would have had the provisions of international conventions which set out the rules for the functioning of the International Investment Tribunals - the Convention of the International Centre for the Settlement of Investment Disputes and the Arbitration Rules of the United Nations Commission on International Trade Law. However, given that both the general public and professional circles have long expressed concerns that question the very legitimacy of the international investment arbitration, this fact have been accepted with great disrespect. This was particularly, because of the previous practice of decision-making in the investment disputes, which...
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Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Tomášek, Michal (advisor) ; Balaš, Vladimír (referee) ; Křepelka, Filip (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
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International Investment Agreements and European Union Law
Fecák, Tomáš ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Švarc, Zbyněk (referee)
The relationship between international investment agreements and EU law has attracted increased attention in past few years. The aim of this thesis is to bring a detailed analysis of various aspects of this complicated relationship. In attainment of this aim it proceeds in the following steps. After a short introduction (Chapter I.), Chapter II. briefly overviews typical content of bilateral investment treaties, following with a more detailed analysis of relevant EU law rules concerning foreign investment and subsequent comparison of both sets of rules. Chapter III. deals with investment agreements to be concluded by the EU, in particular with questions of external competence for foreign investment, responsibility for breaches of investment agreements concluded by the EU and the future shape of EU investment policy. The status of existing bilateral investment treaties concluded between EU member states and third countries is analyzed in Chapter IV. Chapter V. tackles various issues related to investment treaties concluded between member states (so called intra-EU BITs).
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Denial of Benefits and Article 17 of the Energy Charter Treaty
Kunstýř, Jan ; Balaš, Vladimír (advisor) ; Beránek, Milan (referee)
The so called "Denial of Benefits" clause (DOB) gives the respondent state an opportunity to exclude third parties to the investment protection treaties from enjoying the benefits of the treaty without assuming reciprocal obligations. No less than seventy-three investor-state disputes have been brought to arbitration under the ECT since its entry into force back in 1998. The DOB clause in ECT, Art. 17 has never been successfully invoked. States have tried to exercise their right in at least ten cases without success. This paper poses two research questions. First, what are the distinguishing features of Art. 17 of the ECT that make it function differently from other DOB clauses? Second, given the arbitral decisions, can the Art. 17 of the ECT be effectively invoked by respondent states? The paper is divided into five chapters. The first chapter introduces the topic of DOB clauses and the purpose of this paper. The second chapter is theoretical and addresses the topic of DOB clauses in general and further outlines their past, present and future. The third chapter focuses specifically on the Art. 17 of the ECT it examines the ECT arbitral awards and decisions that touched upon the clause. Chapter four aims to show the procedural issues of DOB clauses from the perspective of respondent states, it...
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