Основные категории инвестиционного права в международных договорах России, Молдовы и Румынии
This article considers the notion of categories of foreign investments and foreign investor in the International Investment Law of Russia and Kazakhstan through the prism of three levels of legal regulation – the national legislation, bilateral and multilateral international treaties. National legislation governing foreign investments, despite having based on common legal structures and instruments, in the conceptual framework may differ significantly in the recipient state of foreign investment from that one in the country of origin of a foreign investor. The analysis of investment legislation of Kazakhstan seems to be very important in this context especially after its fundamental modification by the adoption of Business Code in 2015. This circumstance is fully applicable to the legislation of Russia and Georgia, simultaneously being participants of three of the integration processes – in the framework of the CIS, the EAEU and the SCO.
In many countries, including Russia, models of bilateral investment treaties (or models BIT) have been approved, on the basis of which specific treaties between different countries are then concluded. In this article, the author examines several «schools» of bilateral investment treaties: American, European, and Asian. The study is based on an analysis of the practice of concluding bilateral investment treaties by foreign countries.
The main idea of this article is focused on the new phase of the state programs of investment treaties, which includes the analysis of new models of bilateral investment treaties and invalid old models of treaties of this kind. It ends up with an assessment of the effect which new models BIT can produce on future investment contractual relations between economic entities and the receiving investments of states.
Strong distinction between contractual claims and claims arising out of bilateral investment treaties (BIT) exists in modern investment disputes resolution. This distinction has a practical importance when the competence of international tribunal to decide the claim is in question, because investment contract and BIT contain different dispute resolution provisions. The common mechanism of dealing with this conflict is introduction of umbrella clause in the particular BIT. Umbrella clause is the clause lifting the breach of contract between investor and host state to the level of breach of BIT between this state and investor’s home country. The role of umbrella clauses in international investment law and the issue of competence conflicts arising of them are analyzed in this article.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/