scholarly journals Comparative Analysis of Bilateral Investment Treaties of the Russian Federation

2021 ◽  
Vol 17 (3) ◽  
pp. 39-46
Author(s):  
P. D. Kurochkina ◽  
V. L. Tolstykh
Keyword(s):  
Equal Treatment ◽  
Foreign Investor ◽  
Bilateral Investment Treaties ◽  
Most Favored Nation ◽  
National Treatment ◽  
Treatment Standard ◽  
Comparative Aspect ◽  
The Russian Federation ◽  
Investment Treaties ◽  
Over Time

The paper analyzes bilateral investment treaties, one of the parties to which is Russia. The article compares the provisions contained in the 1992 and 2001 model agreements of Russia, as well as the provisions of the 2016 Regulations. The concepts of “foreign investor” and “investment” are considered, discrepancies in the concepts and wording used in treaties with different states are revealed. In a comparative aspect, the authors explore the operation of treaties over time, the use of the standard of fair and equal treatment, and the application of provisions on expropriation. The features of the formulation of the national treatment standard and the most favored nation treatment standard, as well as the umbrella clause are revealed.

Where does China Stand: the Evolving National Treatment Standard in BITs?

2012 ◽  
pp. 373-389 ◽  
Author(s):  
Lei Cai
Keyword(s):  
Dual Role ◽  
Bilateral Investment Treaties ◽  
National Treatment ◽  
Treatment Standard ◽  
Investment Treaties

Up until now, China has already signed more than one hundred bilateral investment treaties (“BITs”). One of the most significant changes among these BITs is arguably China’s attitude towards national treatment standard, which gradually evolves from “restrictive” to a more “liberal” extent. In the meantime, China’s dual role as both capital-importing and capital-exporting adds more challenges as to how to strike a balance between protecting its own overseas investors and maintaining its traditional sovereignty power. This paper examines China’s stance through the evolution of national treatment in its BITs and addresses China’s concerns behind its cautious liberalization process.

3 Fair And Equitable Treatment

2009 ◽  
Author(s):  
Gallagher Norah ◽  
Shan Wenhua
Keyword(s):  
Bilateral Investment Treaties ◽  
National Treatment ◽  
Standard Format ◽  
Foreign Investors ◽  
Host State ◽  
Fair And Equitable Treatment ◽  
Investment Treaties ◽  
Equitable Treatment ◽  
Full Protection

Like other bilateral investment treaties (BITs), Chinese BITs establish a set of general standards of treatment accorded to foreign investors by the host state. The most commonly found general standards of treatment include fair and equitable treatment (FET), (full) protection and security (PNS), most favoured nation treatment (MFN), and national treatment (NT). The first two belong to the group of non-contingent standards (or so-called “absolute standard of treatment”), whilst the latter two are forms of contingent standards (or “relative standards of treatment”). Absolute standards do not depend on treatment granted to other investors. In contrast, the relative standards are contingent on treatment given to other categories of investors, nationals of the host state in the case of NT and investors from third states for the MFN. This chapter begins with an examination of the FET standard, focusing on the different approaches of interpretations that have been developed in theory and in arbitration practice. It then analyzes the standard under Chinese BITs and assesses the implications of its standard format and any variations.

scholarly journals Konsep Pengelolaan Kontrak Bilateral yang Proporsional yang Menyeimbangkan Kepentingan Nasional dan Perlindungan untuk Investor Asing di Bidang Pertambangan

2020 ◽  
pp. 78-97
Author(s):  
Ricky Bima Sanjaya ◽  
Bonaventura Ivan Mollet ◽  
Nofandi Irianto
Keyword(s):  
State Government ◽  
Bilateral Investment Treaties ◽  
National Treatment ◽  
National Interests ◽  
Investment Treaty ◽  
Fair And Equitable Treatment ◽  
Investment Treaties ◽  
Main Thing ◽  
Equitable Treatment ◽  
New Jobs

Investment policy is the main thing that must prioritize the national interest, not only in the field of new jobs but also must support the domestic eco-sector. In this case the state has an obligation to defend national interests. Specifically in terms of investment by managing contracts or bilateral investment treaty agreements (BIT) based on the Proportionality Principle. This principle is intended to provide justice and certainty for the parties. Bilateral Investment Treaties (BIT) agreements are considered important for the parties, which are related to the agreement. In the Bilateral Investment Treaties Agreement (BIT) are the most preferred clauses of the Nation, the National Treatment and Fair and Equitable Treatment, and the theory of state / government intervention that is considered to be able to balance national interests and protect investors in the mining sector.

scholarly journals Amplified Decoupling in the Global Economy: The Case of Bilateral Investment Treaties

2020 ◽  
Vol 6 ◽  
pp. 237802312096934
Author(s):  
Nina Bandelj ◽  
Aaron Tester
Keyword(s):  
Developing Countries ◽  
Global Economy ◽  
Historical Analysis ◽  
Bilateral Investment Treaties ◽  
Economic Diplomacy ◽  
Investment Treaties ◽  
Communist Countries ◽  
The Impact ◽  
Over Time

Developing countries adopt global policies in their quest for economic development. Studies show that such policies are decoupled from their intended effects, or that over time, they become more effective. But what if the opposite happens and policies, which were initially efficacious, become increasingly decoupled with time? We recognize this phenomenon as amplified decoupling. Combining historical and quantitative analysis, we examine a case of bilateral investment treaties (BITs), established to protect and promote foreign direct investment (FDI). The influence of BITs on FDI is significant in the early periods but becomes weaker over time. Historical analysis reveals the unexpected role of (post)communist countries in using BITs for geopolitical purposes and highlight the impact of international organizations which broker treaty signing among pairs of developing countries engaged in economic diplomacy. We suggest that amplified decoupling can result because of institutional multivalence, whereby practical actors reframe and repurpose policies toward uses that were originally unintended.

China's International Investment Strategy

2019 ◽  
Keyword(s):  
Development Strategy ◽  
Foreign Investment ◽  
Developed Countries ◽  
Investment Strategy ◽  
International Investment ◽  
Bilateral Investment Treaties ◽  
Open Door Policy ◽  
Outward Fdi ◽  
Investment Law ◽  
Investment Treaties

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.

scholarly journals Ethiopia’s Bilateral Investment Treaties and Environmental Protection; The Need of Re-Negotiation for Corporate Responsibility

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Ayalew Abate
Keyword(s):  
Content Analysis ◽  
Environmental Protection ◽  
Foreign Investment ◽  
Corporate Responsibility ◽  
International Perspective ◽  
Environmental Responsibility ◽  
Bilateral Investment Treaties ◽  
The Status ◽  
Investment Treaties

Abstract This article argues that the bulk of the bilateral investment treaties (BITs) that Ethiopia has ever concluded, to regulate its bilateral foreign investment relations, don’t contain an environmental provision that require investing corporations to discharge responsibility towards environment and there is a pressing call for either to re-negotiate, update or engage in concluding of environmental side agreements (ESA). To substantiate the argument the trends of BIT making is assessed, the status of Ethiopian BITs have been evaluated through content analysis, environmental responsibility of Ethiopia has been examined both from domestic and international perspective, relevant reasons for the regulation of environment in foreign investment through BIT have been discussed and justifications for the need to renegotiate, update or make ESA in Ethiopia have been highlighted.

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