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Expropriation and investment protection Abstract This dissertation deals with the issue of protection of foreign investments, especially the issue of the expropriation of foreign investments. The basic terms related to investment protection and expropriation are defined. Legal expropriation and its conditions are described at first. In the case of illegal expropriation, the state is forced, besides compensation for expropriation, to cover the damage caused by the unlawful interference. The history of investment protection is briefly presented. The next chapter deals with the legal sources in which we can find conditions of expropriation and investment protection. Attention is paid to the legal regulation of expropriation in Czech law. The thesis also focuses on investment cases, where expropriation was the main issue. Finally, the disputes that are currently brought against Czech Republic by foreign investors are mentioned. The conclusion of the dissertation deals with the problems de lege ferenda and the expected development of the legal regulation. Key words: expropriation, investment protection, investment disputes

In today's world of international economic integration, foreign investment is an important element of countries' economic development. International law in this area has to come to terms with, on one hand, the effort of the host country to attract foreign investors by providing investors with an attractive investment environment and on the other the need to preserve sovereignty of the host country. The thesis aims to offer an overview of the issue of regulation of foreign investment protection at the international level and focuses, within selected problems, on the interaction of agreements on the protection of foreign investment and EU law after passage of foreign direct investment within the exclusive competence of the European Union. For the purpose of fulfilling the objective of this paper the author used general theoretical knowledge and used descriptive and comparative methods and analogy. The work consists of three chapters, each of which is divided into subsections. The first chapter - Introduction presents the issue of protection of foreign investment. The second chapter, entitled Agreements on the protection of foreign investment and EU law focuses on selected aspects of the interaction of international investment agreements and EU law. In subsection 2.1 entitled International Investment...

The thesis aims to analyze to what extent the non-recognition of illegal territorial acquisition rule is applicable in investment treaty arbitration and specifically whether it may constitute a jurisdictional hurdle depriving investors of the opportunity to effectively seek the protection of their investments on illegally acquired territories through investment treaty arbitration.

The paper shall offer a vigorous debate on the opportunities and challenges of enactment of Beneficiation Law. The term beneficiation has been used largely to mean downward linkages and value addition to mineral resources for the benefit and full participation of the communities in which the mineral resources are mined. The linkages and/ or interface between beneficiation law and international investment protection will also be considered. Here, the writer will endeavour to assess how such a law impacts on protection of foreign investments. The paper shall on a balance argue that the opportunities of enactment of this law far outweighs the costs of coming up with same. In cementing this argument the paper shall draw lessons and inspirations from South Africa’s beneficiation strategy and Indonesia which has a successful story on full beneficiation law on mineral resources. The paper will finally conclude by putting forward some recommendations. / Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted

Investment screening can be defined as host state’s sovereign judicial and/or administrative authority to monitor the investments, specifically foreign direct investments of the foreign investors. Naturally, host states would use their rights for legislative power especially in sensitive sectors by nature such as defence systems, energy, transportation, natural resources; or sectors that are vulnerable for the host state. However, on the other edge of the investment, it is clear that, foreign direct investments have an important role for financial growth and direct and indirect effects such as employments. Theoretically it is being accepted that there must be a balance between host states’ legislative power and security of the foreign investment. Hence; investment screening regime is on one side and protection of investors/investments are on the other side.

The concept of investments in international agreements on investment protection The concept of an investment is one of the fundamental constructs in the international investment law, as it is crucial for determination of bilateral or multilateral investment protection treaties' scope of protection regarding particular economic activity of investors in the host state territory. The purpose of this thesis is to provide examples of possible solutions of the dichotomy in the apprehension of the investment concept and its interpretation in practice, in particular with regards to the decisions of arbitral tribunals. A historical analysis of understanding of the investment concept is provided together with its current and historical interpretations in bilateral and multilateral investment protection treaties; with an emphasis that at present, there is no uniform legal definition of the concept of an investment. An absence of such definition does not limit the flow of foreign investments or the conclusion of bilateral or multilateral investment protection treaties, which contain broad definitions of this concept. At the same time, it is possible to trace a tendency to determine objective elements common to all investments, while the primary inspiration is drawn from the economic science and its concept of...

International investment law has become increasingly prominent in the international legal order. This thesis explores specific and topical problem of international expropriation law, with the main focus on the vast network of international investment agreements (IIAs) supplemented by the general rules of international law. The thesis traces the context and evolution of the protection of foreign investments in response to the transformation of state liability in international law. Particular consideration is given to the relationship between the International Minimum Standard (IMS) and the Calvo Doctrine as two clashing descriptive statements of customary international law governing the treatment of foreigners and their assets. With the onset of the BIT generation, the economical accountability of states is examined in compliance with the scope and conditions defined in clauses and provisions of the contemporary investment treaties. In addition, the thesis focuses on the substantive protection accorded to foreign investors and investments. The aim is to identify the limits of the state's right to expropriate foreign investments by imposing legality requirements standard. The requirements for lawful expropriation are addressed with a thorough examination of jurisprudence of international courts and...

DEFINITION OF INVESTMENT IN INTERNATIONAL PROMOTION AND PROTECTION AGREEMENTS Abstract Definition of the investment is of particular importance in terms of scope of the rights and obligations arising out of the investment protection treaties. This is the case especially when we are in the presence of dispute between the foreign investor and the host state where definition forms the basis of the tribunal's jurisdiction. The object of this thesis is in spite of the absence of globally accepted legal definition of "foreign investment" to attempt to summarize most of the historical and current concepts of this notion and to provide by means of the various legal sources, case law as well as the doctrinal points of view the comprehensive approach to its content in the modern international investment law. However this absence of the general legal definition of the international investment was not considered as the obstacle for its use. Instead it represents the advantage in terms of potentially wide field of its application and the flexibility resulting from its openness. Bilateral investment treaties representing the mainstream of the regulation of international investments covers quite a wide field of economic activities to which the investment tribunals in the course of their function attempted to draw some...

Le débat portant sur la relation entre la protection des droits de l'homme et la protection des investissements étrangers n’est pas nouveau. Quand cette dernière et la protection des droits de l'homme des peuples locaux s'opposent, quelle solution le régime du droit de l'investissement devrait-il proposer? Est-il possible d'inclure la protection des droits de l'homme des investisseurs étrangers dans le régime du droit international de l'investissement? Il faudrait trouver le moyen de rendre le régime du droit international de l'investissement compatible avec le régime du droit international des droits de l'homme. C'est le problème principal que cette thèse souhaite traiter. Je propose d'inclure la protection des droits de l'homme par le biais de la clause du traitement juste et équitable (TJE) dans les TBI. Le sens littéral du TJE est de donner aux investisseurs étrangers le traitement qu'ils méritent. Cela veut dire que l'on ne devrait leur donner ni plus ni moins que ce qu'ils méritent. On leur donne plus quand leur investissement est protégé sans que l'on accorde l'attention qui lui revient à la protection des droits de l'homme des peuples locaux. En même temps, les investisseurs étrangers méritent un environnement d'investissement dans lequel leurs droits de l'homme sont respectés. Pour l'argument de la cohérence, on a pu voir que le TJE était en général la mise en œuvre de l'état de droit. Les investisseurs étrangers méritent un environnement d'investissement où l'état de droit existe. L'état de droit inclut la protection des droits de l'homme. Les investisseurs étrangers méritent un environnement d'investissement où les droits de l'homme sont protégés. / The relationship between human rights protection and foreign investment protection has been an issue that has been widely discussed. When the foreign investment protection and the human rights protection of local people conflicts, how should the investment law regime solve the problem? Moreover, is it possible that foreign investors' human rights protection be included in the international investment law regime? The international investment law regime should find a way to make itself compatible with international human rights law regime. The aforementioned is the major issue that this thesis intends to address. I have proposed to include human rights protection through the fair and equitable treatment (FET) clause in BITs. The literal meaning of FET is to give foreign investors the treatment that they deserve. This means that foreign investors should not be given neither less than they deserve, nor more than they deserve. Foreign investors were given more than they deserve when their investment were protected without giving due regard to local people's human rights protection. Meanwhile, foreign investors deserve an investment environment where their human rights are protected. For the coherence argument, FET is generally the implementation of the rule of law. In its interpretation, there is a presupposed warrant. The warrant is "foreign investors deserve an investment environment where rule of law is implemented." Foreign investors deserve an investment environment where rule of law is implemented. Rule of law includes the protection of human rights. Foreign investors therefore deserve an investment environment where the protection of human rights is implemented.