Pautova M.N. The principles of legal regulations of foreign investments into the fuel and energy complex

Abstract: This article explores the principles of legal regulation of foreign investments into the fuel and energy complex. The author examines the questions of influence of international (supranational) law upon the formation of these principles, as well as the prerequisites of creation of the principles of legal regulations of foreign investments into the fuel and energy complex. This work analyzes the legislation of various countries on regulation of foreign investments, including those in the energy sphere, and highlights a number of general principles of the legal regulation of foreign investments into the fuel and energy complex, which are characterized as the principles of liberalization of investments and protection of the rights of the investors. The author notes that the principles of legal regulation of foreign investments into the fuel and energy complex were formulated under the influence of globalization and liberalization of trade. As a result, their essence is defined by the imperatives of protection of the rights of foreign investors and liberalization of the domestic market for foreign investors. At the same time, the specificity of the energy sphere (i.e. its influence upon provision of national security) led to the need for creation if the principle of limitation of foreign investments into the national energy complex, which is being implemented rather unequally, varying from country to country, as well as from energy sector to another.

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