Legislation on Foreign Investments and Practice of Investment Dispute Resolution

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Stanislav Borodkin
Keyword(s):  
Foreign Investment ◽  
Ad Hoc ◽  
Foreign Investments ◽  
Sovereign Immunity ◽  
Investment Activity ◽  
International Treaty ◽  
National Courts ◽  
Doing Business ◽  
Definition Of

Russian companies doing business outside of the Russian Federation require special protection of their rights and lawful interests. Several methods of protecting foreign investor rights are available under the international law, including national courts and tribunals and commercial arbitrations (both institutionary and ad-hoc). International Center for Settlement of Investment Disputes is a special institution established to resolve the controversies related to foreign investments. It was created under an international treaty and its decisions are not subject to sovereign immunity. The article considers ICSID practice regarding the definition of an investment, since disputes are related to an investment activity, which is a topical question when dealing with the determination of the Center competence. While the analyzed cases do not have the power of binding precedents, when the arbiters elaborate on the definition of a foreign investment they use specific criteria that could be relevant for the national law. Since international practice has a more specific definition of foreign investments than the Russian law, the author suggests that the former be taken into consideration when a foreign investment is defined in Russian legal texts. It could ensure better protection of the rights of Russian legal entities abroad.

scholarly journals Administrative and Legal Principles of Foreign Investment in Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 78-86
Author(s):  
H. O. Fedorov
Keyword(s):  
Foreign Investment ◽  
Local Level ◽  
Investment Project ◽  
Legal Regulation ◽  
Foreign Investments ◽  
Investment Activity ◽  
Legal Principles ◽  
Investment Promotion ◽  
Definition Of

The peculiarities of administrative and legal principles of foreign investment from the point of view of complex analysis have been considered, considering the current stage of historical development of the state system. Taking into account doctrinal research and own scientific achievements, it has been determined that nowadays it is extremely urgent to implement the whole set of practical measures aimed at achieving qualitative changes in the issues of attracting foreign investment and strengthening the control over the quality level of investments in the economy of Ukraine from the standpoint of administrative and legal principles. It has been determined and proved that it is expedient to apply the phased approach of administrative and legal regulation of foreign investment – two-step assessment of the quality of foreign investments. In particular, the investor should be evaluated at the first step. This means that the purpose and goals of his investment activity, as well as his investment, business and economic reputation must be assessed. The second stage begins with the evaluation of the investment project, the priority for the economic development of the territorial community, the level of innovation, environmental compatibility, payback period, value of investments, etc. The basis for this approach should be the system for evaluating the quality of the subjects and objects of the investment process. The result of applying this approach should be the definition of the quality of the investment project and definition of the priority for its implementation in accordance with territorial interests. In this regard, it would be appropriate to make a clear distinction between the functions and responsibilities of the institutions that are going to assess the quality of the investments. According to the author, it would be rational to expand the main directions of activity of the Ukrainian Center for Foreign Investment Promotion and to create a special department that would deal with the quality control over the relevant foreign investments coming to the Ukrainian economy. The same structures should be formed at the local level.

scholarly journals FLESHING OUT THE PROVISIONS FOR PROTECTING FOREIGN INVESTMENT

2018 ◽  
Vol 7 (3) ◽  
pp. 406
Author(s):  
Mohammad Belayet Hossain
Keyword(s):  
Foreign Investment ◽  
Recent Trend ◽  
International Court Of Justice ◽  
Foreign Investors ◽  
International Courts ◽  
Regulatory Takings ◽  
Court Of Justice ◽  
International Court ◽  
Definition Of

This article aims to analyse the jurisprudence developed by international courts and tribunals with regard to the standard of treatment of foreign investors, with particular focus on issues concerning expropriation. In doing so, it will analyse some of the standard-setting decisions and far-reaching implications of: the Iran-US Claims Tribunals, the International Court of Justice and the ICSID. It will also examine the recent trend in jurisprudence on the so-called regulatory takings of foreign investment. It will explore: (a) how the decisions of international courts and tribunals have ‘fleshed out’ the principles of the law of foreign investment on, inter alia, the definition of expropriation and nationalisation and determination of the quantum of compensation; (b) how the frontiers of expropriation have been extended to cover regulatory takings

scholarly journals Legislation on direct foreign investment in the Russian Federation and the United States: comparative-legal analysis

2020 ◽  
pp. 61-73
Author(s):  
Yuliya Mikhailovna Kudryashova
Keyword(s):  
United States ◽  
Russian Federation ◽  
Foreign Investment ◽  
Direct Foreign Investment ◽  
The United States ◽  
Practical Implementation ◽  
Legal Analysis ◽  
Foreign Investments ◽  
Investment Activity ◽  
The Russian Federation

This article analyzes the investment legislation of the Russian Federation and the United States. The subject of this research is the specific normative legal acts regulating direct foreign investments in the indicated countries, while the object is the relations emerging in the process of foreign investment activity.  The author provides the examples of various factors in the area of foreign investment for the purpose of their comparison and determination of specificity of their practical implementation. The reference to doctrinal sources allowed to clearer explain the author’s position of the topic. The scientific novelty and relevance of this work are substantiated by examination of investment activity, which greatly impacts the economy of modern countries. The author’s special contribution lies in studying the experience of U. S. legislation with regards to direct foreign investments. The main conclusion consists in the fact that both jurisdictions have a well-developed mechanism for regulating investment relations, as well as both countries feature a number of restrictions that can face a foreign investor. The need for improvement of Russian legislation is underlined. The acquired results can be used in legislative and expert activity, as well as in further theoretical-legal research.

scholarly journals Advantages, Disadvantages and the Performance of Foreign Direct Investment in the Republic of Kosovo 2008-2019

2020 ◽  
Vol 4 (1) ◽  
pp. 14-19
Author(s):  
Getoar LUBENIQI
Keyword(s):  
Economic Development ◽  
Foreign Direct Investment ◽  
Foreign Investment ◽  
Direct Investment ◽  
Business Environment ◽  
Business Climate ◽  
Foreign Investments ◽  
Advantages And Disadvantages ◽  
Doing Business ◽  
The Republic

Economic development is an aspiration for every country in the world including Kosovo. Foreign Direct Investment (FDI) plays a very important role in the economic development of Kosovo which is in the process of transition. For Kosovo, it is essential to have an accelerated pace of economic growth, lower unemployment, higher quality of life, lower demographic migration and lower poverty rates, thus attracting FDI has a direct and very important role to play. Although Kosovo has a large number of advantages for attracting foreign investment, there are also a number of challenges or disadvantages that are very evident which negatively impact on current and potential investors in the future. Based on the data analysis, the overall trend of FDI has declined in recent years, therefore it is very important for Kosovo to develop further steps to improve the business climate in Kosovo and attract foreign investments. The purpose of this paper is to analyze the performance of FDI in Kosovo 2008-2019, to analyze the advantages and disadvantages of doing business in Kosovo, to identify where Kosovo stands in terms of doing business and what is new for Kosovo in a way that improve the business environment and attract foreign investment. To achieve this goal of comparative analysis and identification, the integrative review method was used.  Key words: Republic of Kosovo, Direct Foreign investments, Business environment, Economic Development, Doing Business.

scholarly journals Problems of attracting investment to Ukraine

2020 ◽  
pp. 137-144
Author(s):  
Serhiy Sokolyuk ◽  
Vitalii Rybchak ◽  
Olena Zharun
Keyword(s):  
National Economy ◽  
Investment Climate ◽  
Foreign Investments ◽  
Investment Activity ◽  
Macroeconomic Factors ◽  
Foreign Investors ◽  
Structure And Dynamics ◽  
Doing Business ◽  
Investment Income

The article analyzes the investment climate in Ukraine. The structure and dynamics of investment income in the national economy are investigated. The main problems and factors of attracting foreign investments, that are restricting the investment activity of domestic enterprises, are analyzed. It’s explored the place of Ukraine in the international ranks towards doing business and the overall state of the investment climate. The influence of macroeconomic factors on the investment activity of foreign investors is substantiated. It’s offered the directions of increasing the investment attractiveness of the Ukrainian economy in the current conditions of development.

DIRECT FOREIGN INVESTMENT IN THE RUSSIAN FUEL AND ENERGY COMPLEX: THE CHALLENGE OF 2014

10.12737/7722 ◽  
2014 ◽  
Vol 9 (4) ◽  
pp. 5-8
Author(s):  
Абдулмуталибов ◽  
Ragim Abdulmutalibov
Keyword(s):  
Foreign Investment ◽  
High Efficiency ◽  
Raw Materials ◽  
Direct Foreign Investment ◽  
State Regulation ◽  
Energy Industry ◽  
Negative Consequences ◽  
Foreign Investments ◽  
Investment Activity ◽  
Economies In Transition

In conditions when against the Russian Federation economic sanctions are imposed, it is especially important to intensify work on attraction of investments and counteraction to outflow of the capital from the country. The energy industry as the turbulent situation with presence of such giants as Exxon Mobil Corporation in Russia showed, the unprecedented contract with the Chinese party on construction of the Force of Siberia gas pipeline, cooperation with French "Total", remains to one of the most investment and attractive branches of economy cooperation in which has strategic and long-term character. In present difficult conditions for realization of policy of attraction and deduction of investments into the Russian energy industry it is obviously necessary to pay attention, first of all, to effective use of instruments of state regulation. Considering strategic character of energy industry for Russia and importance of high efficiency, the attracted investments for domestic economy, it is necessary to provide as it was told above, balance of interests of the state and the attracted investors. Increase of efficiency of state regulation of foreign investment and investment activity in energy industry has to consider two macroeconomic conditions. In - the first, this creation of the friendly environment for the investor who came to fuel and raw sector of a national economy of the country guaranteeing protection of interests and minimizing risks of the investor. Secondly, it is necessary to displace emphasis on investment into adjacent sectors of energy industry. It is reached by interindustry transfer of investments (capital) on the enterprises occupied with profound processing of initial natural raw materials on the one hand and also in productions which provide organizational and technical, logistic and material deliveries of products for fuel and raw spheres on the other hand. The country with economies in transition accepting foreign investments is faced by an important task to define an optimum ratio of the foreign and national capital which will allow to accelerate its development and to avoid negative consequences of foreign investment. Need to control inflow of the foreign capital to the country is obvious, and for effective management of economy it is necessary to improve important legislative base, to create system of monitoring of direct foreign investments in which the branch and regional orientation of direct foreign investments has to be analyzed. Performance and observance of these conditions will demand a complex of regulatory measures, development and which acceptance depends on harmonious cooperation and actions of the external economic, antimonopoly and tax administration of the Russian state.

scholarly journals CURRENT TRENDS OF FOREIGN INVESTMENT IN AGRIBUSINESS IN UKRAINE

2018 ◽  
pp. 49-53
Author(s):  
I. Kyslytska
Keyword(s):  
Foreign Investment ◽  
Crop Production ◽  
Positive Impact ◽  
Industrial Complex ◽  
Livestock Farming ◽  
Foreign Investments ◽  
Agricultural Producers ◽  
Existing Problems ◽  
Definition Of ◽  
Market Relations

The article emphasizes the importance of the agrarian sphere for the stabilization and development of the Ukrainian economy. It is determined that agrosphere is the object of research of representatives of various scientific directions. Terminological inconsistency was found in the definition of such concepts as agrobusiness, agro-industrial complex, agrarian sphere (industry, sector), agriculture, in connection with which their differentiation was made and an attempt was made to outline their content. It is noted that with the development of market relations, the term “agrobusiness” is the most successful and acceptable for defining all processes that occur in the agro-industrial complex. The attention is drawn to the lack of a unified methodology for statistical accounting and a system of generalized indicators of inflow of investments. The principles are generalized, taking into account the international experience, according to which today the collection and analysis of statistical data in the agrarian sector are carried out in Ukraine. The existing problems of statistical accounting of foreign investments into agrarian business are highlighted. A retrospective analysis of foreign investment in the agrarian business of Ukraine was conducted. It was revealed that from 2009 to the present day, the pre-crisis indicators of inflow of foreign investments did not succeed. An estimation of modern tendencies of foreign investment in the agrarian business of Ukraine is carried out. The following perspective factors of investment revival, such as the permanent growth of demand for its products, the reduction of risks, the positive impact of reforms, the diversification of markets, and the expansion of sown areas, are highlighted. The structure of foreign investments in agrarian business is considered. It is noted that the most attractive for investors are such industries as crop production (sunflower growing, barley, corn, rape, wheat, honey, soybeans) and livestock farming, as well as auxiliary activities in agriculture and post-harvest activities. TOP-5 of the largest investor-countries of agrobusiness activity of Ukraine are allocated. The territorial features of financial revenues from foreign investors in Ukrainian agrobusiness are presented. It is generalized that in the regional dimension, the leaders in the volume of foreign investments received are the Kyiv and Ivano-Frankivsk regions, and more than a third of all foreign investment in agriculture, forestry and fisheries of Ukraine falls on the city of Kyiv, where the head offices of many agricultural producers are located. As a conclusion to the article, measures were proposed to improve and improve the structure of foreign investment in agrobusiness in Ukraine both at the state and corporate levels.

SOME ISSUES OF RECOGNITION AND ENFORCEMENT OF DECISIONS OF ARBITRATION IN UKRAINE ON THE GROUNDS OF THE INFRINGEMENT OF PUBLIC POLICY

2017 ◽  
Author(s):  
Yuliia Klymovych ◽  
◽  
Inessa Shumilo ◽  
Keyword(s):  
Public Policy ◽  
Social Relations ◽  
Court Decisions ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
Recognition And Enforcement ◽  
Definition Of ◽  
Court Practice

The article is dedicated to the examination of such a ground for refusal of recognition and enforcement of decisions of international commercial arbitration in Ukraine as the infringement of public policy. The author describes some approaches to the definition of the content of the term «public policy» basing on the examination of court practice from 2018 to 2020 and doctrinal sources. Particular attention is focused on the determination of the criteria which may be used for identification of the areas of social relations which form public policy. The author also pays attention to some criteria, whose usage may be helpful and effective in determining whether or not the infringement of public policy exists on conditions that a decision of international commercial arbitration is enforced. The author analyses some court decisions in order to inquire the position of national courts when deciding on giving a permission or refusing to recognize and enforce a decision of international commercial arbitration if a disputing party as a ground for refusal indicates the infringement of public policy.

scholarly journals Current Problems of State Regulation of Foreign Investment into Ukraine: Economic and Legal Aspect

2020 ◽  
pp. 140-150
Author(s):  
Roman HRYTSKO ◽  
Halyna HRYNYSHYN
Keyword(s):  
Foreign Investment ◽  
Structural Changes ◽  
Legal Aspect ◽  
Legal Regulation ◽  
State Regulation ◽  
Foreign Direct Investments ◽  
Foreign Investments ◽  
Investment Activity ◽  
State Management

The conditions and main shortcomings of state regulation of foreign investments are studied. The importance of attracting foreign investment for the successful development of Ukraine as an independent, democratic, social and legal state is substantiated. The categorical apparatus of the terms «investments» and «foreign investments» from the point of view of economy and law is revealed. The existing classification of investments is considered, modern forms of foreign investments are characterized. The assessment of foreign investment inflows in the dynamics and in terms of areas of economic activity is conducted. Ukraine's place in the international rankings is presented, which testifies the improvement of the investment climate and the growth of investment attractiveness of both the country as whole and business entities on their own. The main national and international legal acts regulating investment activity are described. The bodies of state management of foreign investments at the macro level are identified, instruments of state regulation of foreign investment are systematized (tax and customs benefits, subsidies, dotations and subventions, application of accelerated depreciation, mechanism of public-private partnership, state and local guarantees, licensing of certain economic activities, granting loans on favorable terms, etc.). The thesis is substantiated that the indicators of investment activity (in particular the indicator of the volume of attracted investments) are not only an indicator of economic development of a country or region, but are a criteria that evaluates the effectiveness of government activities in investing. In order to harmonize the Ukrainian investment legislation, a system of measures has been proposed that will promote structural changes in the investment sphere and stimulate the attraction of foreign investment in the country. Further improvement of legal regulation of foreign investment will increase the welfare of the state, provide favorable conditions and state guarantees, which will provide the establishment of appropriate organizational and legal norms of investment. Keywords: investments, foreign investments, capital investments, classification of investments, foreign direct investments, portfolio foreign investments, state regulation, instruments of state regulation of foreign investment inflows.

7 Expropriation and Compensation

2009 ◽  
Author(s):  
Gallagher Norah ◽  
Shan Wenhua
Keyword(s):  
Public Health ◽  
International Law ◽  
Foreign Investment ◽  
Case Law ◽  
Legal Regime ◽  
Foreign Investments ◽  
Core Element ◽  
Health Safety ◽  
Definition Of ◽  
Regulatory Actions

Expropriation is a core element of the international legal regime relating to foreign investment. The international law relating to expropriation has evolved rapidly within the context of the modern framework for foreign investments, including multilateral treaties, bilateral investment treaties (BITs), and domestic foreign investment laws. This chapter examines the scope and definition of expropriation in the treaties and case law. It reviews how the provisions on expropriation in China's BITs have evolved and considers their scope, and whether they cover indirect or regulatory expropriation which tribunals are more often faced with today. The majority of claims are for indirect or regulatory expropriation and this has prompted states to include provisions in their Model BITs excluding non-discriminatory regulatory actions by a state implemented in the interest of public health, safety, and the environment. The chapter considers the conditions of a lawful expropriation as it is an accepted principle that expropriation is not illegal. Finally, it looks at the level of compensation awarded for an expropriation, one of the more important aspects of this standard of protection.

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