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Reference:
Schemshuchenko, S.O.
The bilateral investment treaties: typical structure,
definition and formulae of their provisions.
// Law and Politics.
2012. ¹ 12.
P. 2030-2034.
URL: https://en.nbpublish.com/library_read_article.php?id=51881
Schemshuchenko, S.O. The bilateral investment treaties: typical structure, definition and formulae of their provisions.Abstract: The article includes a review of the typical elements of the structure of bilateral treaties on protection and support of investments, which are also known as bilateral investment treaties. The author analyzes the key definitions and formulae of such treaties. In particular, the article includes analysis of the terms "investments", "investor", "income" and "territory" within the context of their interpretation and application for the purposes of the investment treaties. The author then comes to a conclusion that investments may be regarded as contractual or other transactions of economic value. The article is also concerned with the issues of support and encouragement of foreign investments, including access of personnel and establishment of offices. The author also pays attention to the issues of investment protection, which may be implemented by the standards of treatment towards the foreign investments. It is defined that international investment arbitration serves as a mechanism for the implementation of such obligations. The terms related to the arbitration and other means of conflict resolution are also analyzed in this article. Keywords: jurisprudence, bilateral investment treaties, foreign investments, international investment arbitration, arbitration, protection of investments, standards of treatment, dispute resolution, investments, investor.
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References
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2. Newcomb, A, Paradell, L Law and Practice of Investment Treaties: Standards of Treatment (Kluwer Law International, 2009), P. 124 3. Fedax N.V. v. The Republic of Venezuela (Award on Jurisdiction, 11 July 1997) [Elektronnyy resurs]. – Rezhim dostupa: http://italaw.com/documents/Fedax1997-Last.pdf. – para. 19 4. Sornarajah, M, The International Law on Foreign Investment. Third Edition. – Cambridge University Press, 2010. – P. 200 5. Reisman, W.M, Sloane, R, Indirect Expropriation and Its Valuation in the BIT Generation, Faculty Scholarship Series (2004) [Elektronnyy resurs]. – Rezhim dostupa: http://digitalcommons.law.yale.edu/cgi/viewcontent. cgi?article=2043&context=fss_papers. – P. |