scholarly journals Development of International Investment Law within the Framework of the Eurasian Economic Union

2021 ◽  
Vol 15 (3) ◽  
pp. 77-81
Author(s):  
E. V. Chuguevskaya
Keyword(s):  
Regional Cooperation ◽  
Legal Regulation ◽  
International Investment ◽  
Free Movement ◽  
Present Stage ◽  
International Investment Law ◽  
Stage Of Development ◽  
Investment Law ◽  
The Creation ◽  
Free Movement Of Capital

At the present stage of development of international investment relations, national legislation is not able to fully ensure the regulation of international investment relations, single-handedly create the conditions necessary for the free movement of capital, and adequately ensure that the rights and interests of foreign investors are respected. Free movement of capital requires similar principles, forms and methods of their legal regulation, which contributes to the creation of a single legal space. However, at the present stage of development of international law, the creation of a global and effective investment law is not possible. Regional cooperation between states is of particular importance in such conditions.

scholarly journals Theoretical views on formation of international investment law

2020 ◽  
pp. 485-488
Author(s):  
Malik Ramazanzade
Keyword(s):  
International Economic ◽  
Foreign Investment ◽  
Legal Regulation ◽  
International Investment ◽  
International Investment Law ◽  
Leading Role ◽  
International Economic Law ◽  
The World ◽  
International Economic Cooperation ◽  
Investment Law

Goal: research of various theoretical views and approaches to the formation of international investment law.Methods of research: analysis and study of research papers and literature containing views and discussion on the formation ofinternational investment law.Results: It is the formation and development of special methods of international legal and national legal regulation of foreigninvestments that led to the formation of independent international investment law as a branch of international economic law. Theabsence of generally applicable sources of international law in the field of legal regulation of foreign investment negatively impactsdevelopment of the studied relations. Due to their special position in the system of international economic cooperation, internationalinvestment relations are an independent subject of legal regulation. The expansion and deepening of international investment relations,the existence of ever-growing international investment flows play a leading role in the globalization of the world economy which is themost important factor in the modern social development of individual countries and the world community as a whole. Methods of legalregulation of foreign investment have their own specifics.Discussion: offering a comprehensive and detailed study and research of the matter in various research institutions.

Diligentia quam in suis as a Technique for a Contextual Application of the Full Protection and Security Standard: Considering the Level of Development of Host States in International Investment Law

2020 ◽  
Vol 28 (4) ◽  
pp. 596-611
Author(s):  
Nitish Monebhurrun
Keyword(s):  
International Law ◽  
International Investment ◽  
Due Diligence ◽  
Foreign Investors ◽  
International Investment Law ◽  
Local Means ◽  
Security Standard ◽  
Maximum Protection ◽  
Investment Law ◽  
Full Protection

With international investment law as the background to this study, the present article examines how the full protection and security standard can be construed from the perspective of developing states hosting foreign investments. The research delves into classical public international law to argue that the diligentia quam in suis rule can be used as a means of interpretation to strike a balance between foreign investors’ and developing states’ interests when construing the full protection and security standard. The rule provides that any expected due diligence from the state party is necessarily of a subjective nature. This means that developing host states must deploy their best efforts to offer maximum protection to foreign investors not on an in abstracto basis but as per their local means and capacity. Accordingly, the standard is presented as an adaptable and flexible one which moulds its contours as per the level of development of the host state. Such flexibility does not imply condoning states’ abuse and negligence. The article explains how the diligentia quam in suis rule enables a conciliation between the full protection and security standard and the host state's level of development while rationalising the standard's application to developing nations.

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