Защита от экспроприации собственности иностранного инвестора: международно-правовые стандарты
In international investment law the compensation for foreign investors is a precondition for the expropriation of his property. However, the sources of international law have different opinion as to the definition of the principle of compensation, and the procedure for calculating the specific quantity. This article examines two competing approaches to international legal standards of compensation: the principle of full compensation and sufficient compensation principle. Describes the basic methods of determining the value of compensation: the method of book value, liquidation value, replacement cost and discounted cash flow. It proved the dominant role of the last of them. Separate consideration is noncash foreign investor protection, which, although not widespread, sometimes used by international arbitration.
The book gives in-depth analysis of historical background and the current economic relations between Russia and Japan.
This chapter examines the main preconditions and stages of the external economic reform, their influence on the Russian economy, as well as current key challenges and contradictions of Russia's integration into the world economy. Particular attention is paid to the causes and consequences of capital outflow, sustainability of the national currency, changes in the structure and geography of foreign economic cooperation.
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.
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 accordance with the international investment legislation, a state is entitled to implement expropriation and nationalization measures with respect to foreign investments within its territory on condition of guaranteed prompt, efficient and adequate compensation provision in favor of investors. The article notes that there is no clear description of the phenomenon of foreign investors' property alienation in the Russian or world practice. Consideration is given to the types of expropriation: direct, aimed at deprivation of property rights for investments by authorities; indirect, or "creeping" expropriation representing gradual divestiture; and measures that are equivalent to expropriation and inhibit receipts of investment benefits. It is underscored that in the process of investment evaluation it is necessary to take into consideration the degree of intervention in property rights, intentions of the government, and the impossibility to discharge adequate investors' expectations.
The article is aimed at researching and finding gaps in the state regulation of information support for the attraction of foreign investments. In addition, the issue of foreign investors' access to information is examined.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.