Foreign Investment Protection One of the signs of globalization is the flow of foreign investment, which continually increases. Because of the benefit that it can bring, there is an interest in its protection. The purpose of my thesis is to analyse the protection of foreign investment in the Czech Republic, focusing on dispute resolution. The first chapter deals with the definition of foreign investment. It is focused on this legal term in multilateral international agreements and bilateral investment treaties. The second chapter contains the sources of relevant law. The main part of the thesis is the third chapter. It characterises the concept of resolving disputes in the field of investment. The first part of the chapter describes litigation between states especially within the framework of the World Trade Organisation. The second part explains the resolution of conflicts between the investor and the target State though the International Centre for Settlement of Investment Disputes (ICSID) and it examines particular provisions of the ICSID Convention. The third section of the chapter is focused on investment disputes brought before the arbitration body. The majority of bilateral investment treaties refers to the arbitration rules of UNCITRAL, which regulates the procedure. The text also discusses...

貿易機會為產業間貿易或產業內貿易的發生或開拓，對於以貿易為經濟命脈的臺灣，如何創造貿易機會更是極為重要的課題。近年來簽訂國與國或區與區之間的貿易協定，以制定簽約國或地區相互貿易的優惠條件已蔚為一股風潮。 臺灣與中國大陸僅相隔臺灣海峽，由於地理位置鄰近、歷史背景及語言文化共通等因素，兩岸貿易往來頻繁而密集，於2009年開放陸資來臺投資、2010年簽訂「兩岸經濟合作架構協議」（Economic Cooperation Framework Agreement，ECFA），此後於2012年由海基會與海協會達成共識簽訂「海峽兩岸投資保障和促進協定」（簡稱：投保協定），並於2013年2月1日正式生效，使兩岸雙向貿易更加通行無阻。 本研究以2013年經濟部投資審議委員會「陸資投資事業營運狀況調查表」之問卷資料為分析對象，以廠商規模、行業類別、資本密集度、技術研發比率、國外投資比率、人力資本、關稅障礙、政策法規制約程度、項目開放不足程度、同業競爭共10個決定因素，歸納為廠商特性、營運策略與貿易障礙三大構面，運用Probit Model來探討ECFA與投保協定生效後，影響兩岸貿易機會的決定因素。 實證結果發現，「廠商規模」、「資本密集度」、「技術研發比率」與「政策法規制約程度」為影響兩岸貿易機會的重要決定因素。 / “Trade Opportunities”define as the development of inter-industry or intra-industry trade. For country like Taiwan, trading is an essential part of nation’s economy. As such, how to create trade opportunities is a very important topic. Singing of FTA（Free Trade Agreement）between countries or regions to reduce the trade barriers and develop preferential terms for mutual trading is booming in recent years. Due to geographical proximity（separated by the Taiwan Strait）, historical background and the common language and cultural factors, cross-strait trade has been more frequent and intensive. In 2009, allowing Mainland China Investors to invest in Taiwan. And in 2010, both parties signed the“ECFA （Economic Cooperation Framework Agreement）”. Then in 2012 “Cross-Strait Bilateral Investment Protection and Promotion Agreement” was signed and effective on February 1, 2013, making cross-strait bilateral trade even more unimpeded. This study conducts an empirical research based on the questionnaire survey data of “2013 Investigation Report on Operation Status of The Mainland China-Investment Enterprises”from Ministry of Economic Affairs in Taiwan. I classify the questionnaire survey data into 10 determinants: the scale of the firm, the industry category, the capital intensity, the R&D （research and development）ratio, the foreign investment ratio, the human capital, tariff barriers , the degree of control in policy and regulations, the degree of openness of the project, and the competition. These can be summarized into three aspects: the characteristics of the firm, the operational strategy and the trade barriers. Then using the Probit Model to analyze the determinants of trade opportunity of Mainland China enterprises in Taiwan when ECFA and Cross-Strait Bilateral Investment Protection and Promotion Agreement go into effect. The empirical results show that“the scale of the firm”、“the capital intensity”、“the R&D ratio”and“the degree of control in policy and regulations”are most important determinants of trade opportunity of Mainland China enterprises in Taiwan.

One of the most notorious dilemmas of international rules on the protection of foreign investment is how to decrease the tension between a state’s regulatory freedom and private property rights in addressing indirect expropriation. Bilateral investment treaties need to achieve a crucial balance: to protect the interests of foreign investors and support rights of states to regulate in pursuit of sustainable development. In dealing with indirect expropriation past tribunals relied on different approaches and adopted mutually inconsistent positions. By demonstrating this incoherence, this thesis reviews the most recent BITs and identifies an archetype of investment treaty provisions and language that may result in the interpretation of indirect expropriation most compatible with states being free to act to achieve sustainable development.

Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Title: Legal and Economic Aspects of Foreign Direct Investment with Reference to Taiwan Abstract: The thesis on "Legal and Economic Aspects of Foreign Direct Investment with Reference to Taiwan" consists of two main parts, which are divided into eight chapters. The thesis uses the methods of secondary source analysis, synthesis, and comparison. The thesis is mainly based on domestic and foreign literature, foreign legislation, documents and data of international organizations published on their websites, academic articles, textbooks, and economic studies. The first part of the thesis deals with the general issue of foreign direct investment in four chapters, both from the legal and economic points of view. The thesis introduces the reader to the definitions of investment and investor, the nature and meaning of investment, the standards of treatment of investment, and, last but not least, its legal regulation. This section aims to provide a comprehensive overview of the various aspects of foreign direct investment protection, which will provide a well-rounded insight into the subject. In the second practically oriented part, the thesis analyses foreign direct investment in Taiwan. In particular, it...

This paper investigates the effect of arbitral proceedings on bilateral portfolio equity investments in emerging markets. Investment disputes may deter foreign investors as they reveal a government’s poor behavior towards foreign investors. The analysis investigates the effects of the first initiation of arbitral proceedings, the first outcome in favor of the investor, and the first outcome in favor of the respondent state of arbitration proceedings. The database is an unbalanced panel of 55 home and 36 host countries from 2001 to 2018. Estimations do not reveal an unconditionally significant effect of arbitral proceedings on bilateral portfolio equity holdings. The impact becomes significant considering the interplay with bilateral investment treaties and political risk.

The Concept of Investment in International Agreements on Investment Protection The definition of investment is the key task for correct scope of application of rights and obligations, arising from investment contracts and for establishment of tribunals' jurisdiction above disputes, arising from contracts of investment character. The Work goal is analysis of individual bilateral, multilateral and versatile legal acts, containing the term "investment", from the international law viewpoint. It contains brief historical development and clarification of requirements that the investment must fulfill so that the investor, no matter whether a natural person or a juridical person, could claim protection of his/her investment, provided in compliance with relevant investment protection agreements. In spite of general cultural, political and geographical variety of the acts analyzed, it is possible to observe an effort to find common elements that the investment should contain and that are based, in particular, on their economic significance. The introductory chapter deals briefly with historical understanding of an investment in the context of international business development, beginning with the diplomatic protection institute, amended in international customary law. The second chapter pursues...

Investment screening is the process by which a host state uses its sovereign judicial and/or administrative jurisdiction to supervise investments made by foreign investors, in particular direct investments made in the host country. Needless to say, the host nations would use their legislative authority in areas that are extremely important to them, such as defence, energy, transportation, and natural resources. On the other hand, FDI has been shown to have positive effects on economic growth and employment both directly and indirectly. It is generally agreed, at least in principle, that there should be an appropriate balance between the legislative authority of host governments and the safety of foreign investments. Therefore, on one side, we have the investment screening system, and on the other, we have protection for investors and investments. The safeguarding of investments is a crucial aspect not only during the preestablishment phase but also in the post-establishment phase, through ex-post screening conducted by the competent authority of the host state. Irrespective of their sovereign powers, states are obligated to provide a specific degree of legal protection as guaranteed by international treaties in both scenarios. The aforementioned criteria encompass, among others, the principles of impartiality, equal treatment for domestic and foreign entities, preferential treatment for none, and just and unbiased treatment. As will be expounded upon, if the level of obstruction violates any of the principles that are enshrined in said agreements, nations may be held accountable. Notwithstanding, most states have a means of recourse in the event of a violation of treaty obligations, commonly referred to as ‘security exception clauses’ within the doctrine.  The investment screening mechanism is implemented to safeguard national security. In this regard, pertinent exception clauses may be utilised to substantiate treaty violations. The matter at hand shall be examined according to the principles of BIT practice, as well as the Regional and Sectoral Investment Treaties.

Key words: Foreign direct investment protection, the most favourite nation clause, international minimum standard, national treatment, renewable resource, solar plant, Energy Charter Treaty Protection of foreign investments The diploma thesis deals with the importance of foreign direct investments ("FDI") protection. In the first section of the thesis a brief description of FDI protection history is presented. This description is focused on the development of the law of FDI protection and the means of protection execution (diplomatic protection, arbitration, use of power) are described. The changes incurred in the 20th century in international relations are analysed as well. Further the thesis provides a description of different regimes applicable in the field of FDI protection. Regimes like international minimum standard, standard of national treatment and the most favoured nation clause are comprised. The third section is focused on the Czech Republic and FDI support and protection in here. This part deals with the historical development especially in last 20 years. The system of support and protection of FDI is described and the most important disputes in this field are analysed. Finally the last section of thesis is focused on a very actual topic i.e. solar energy and legislature changes in...

1 Abstract This thesis aims to transparently elaborate the topic of damages in investment disputes. Chapter One is a brief introduction to the problem. It provides a short clarification of the concept and meaning of arbitration and its importance for the protection of investors; it also describes the principles of modern forms of investor protection. The end of the first Chapter includes a short introduction regarding the sources on damages in investment arbitration. Chapter Two deals with the issue of valuation. At the beginning the author approaches the issue in general, describing the basic terminology and definitions and providing the classification of the valuation methodology (Market-Based Approache, Income- Based Approach, Asset-Based Approach). This is followed by outlining the issues related to the term "market value", when the author focuses on the questions related to the calculation of fair market value, its use in practice, issues related to this use, etc. The next is the theme of damage arising from the breach of a contract and by describing the ways of valuation of the damage arising from the breach of a contract. The Chapter also includes the study regarding the issue of the determination of damages in the absence of the market, and analyses the issue of the moment as at which the valuation...

This Dissertation is focused on issues concerning the position of an expert in international arbitration proceedings and in international investment disputes. Unlike proceedings conducted before general courts of law, arbitration proceedings have a number of advantages, and therefore they are used very often to resolve disputes in this area, and arbitration proceedings are used almost exclusively with regard to resolution of disputes relating to international investments. The aim of the Dissertation was an analysis of dispute resolution in arbitration proceedings from the expert's point of view and the expert's position in this procedure. It is without any doubt that experts can help arbitrators to reach a qualified resolution of disputes in a significant way. At first, the Dissertation deals with general and historical issues, such as comparison of methods of dispute solution where an international element appears, in both arbitration and judicial proceedings, and it lists the advantages of arbitration proceedings as well. After specification of the term "expert", the Dissertation provides a view into the expert's profession history in the territory of our country and into its legal regulation. With regard to our membership in the European Union it is, of course, necessary for the Dissertation to...