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.

The aim of this work is to evaluate the development of Article 15 Income from Employment of the OECD Model Tax Convention on Income and on Capital, especially with the accent on the Commentary of this article. Furthermore, to analyze, with the assistance of selected double tax treaties concluded by the Czech Republic, whether the Czech Republic, thus the Ministry of Finance, Ministry of Foreign Affairs and the General Directorate of Finance, follow the trend in the development of Model Tax Convention and apply it to the newly concluded double tax treaties, i.e. whether the institutions listed above accept the OECD Model Tax Convention and its Commentary as an interpretative regulation to be followed when concluding double tax treaties with both OECD member countries and with non-member countries.

The main aim of the diploma thesis is to identify situations of mutual interaction between double tax treaties and domestic law of income tax, in these situations there is not only one interpretation. This interaction is described by many actual discussed issues, which exists on the field of the income tax. Theese discussed issues are primarily about permanent establishment, first issue is about permanent establishment according to the double tax treaty between the Czech republic and Germany, second issue is about permanent establishment according to the double tax treaty between the Czech republic and Ukraine, last discussed issue is about information obligation of permanent establishment according to the czech income tax act. The sources of theese problem are judgements, professional literature and professional discussion (KOOV).

This thesis deals with the comparison of treaties that prevent double taxation in the area of income taxes and bilateral treaties on social security. The theoretical part of the thesis defines the basic terms that are used in the following parts of the work. A substantial part of the thesis deals with procedures for the avoidance of double taxation in the area of income taxes, which are implemented through international agreements. The thesis also deals with the coordination of social security, which is implemented through bilateral treaties on social security and in European Union also through Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems, which in the case of Member States of the European Union takes over the function of individual treaties. Result of the thesis is to compare the agreements for the avoidance of double taxation on income and capital and bilateral treaties on social security, especially compared to the number of contracts that the Czech Republic has concluded with other countries. Other points of comparison are the history of concluding these treaties, or the existence of model treaties or multilateral agreements.

Over the last decades technological companies have grown significantly and impacted our societies both politically and economically.The significant amount of user data these companies collect and manage have economic as well as political impacts on our societies.  The busines model of social media companies has raised alerts and provoked calls for regulatory measures. The thesis investigated whether social media platforms ‘data’ can constitute a protected investment under a Bilateral Investment Treaty, and what is the position of the international investment law if any about the digital economy. The author made an analysis of data localization regulation to determine if tech companies can claim protection under a BIT to avoid potential issues of a domestic regulation. After the analysis of international legal instruments, BITs and scholar literature the results of the study concluded that data could constitute a protected investment under the wording of certain BITs.

The topic of this thesis is the protection of foreign investments. This topic can be considered to be very current due to the present trends in the world economy, when globalization is constantly intensifying the international economic relations and foreign investments have therefore become more important in recent years. The aim of the thesis is to introduce to the reader the basics of the legal regulation of foreign investment protection. The first chapter introduces the very concept and definition of the term "investment". Therefore, the first chapter presents various definitions of the term investment that can be encountered. The following chapter briefly outlines the historical evolution of this protection, starting from the period of colonialism up to the present times. The next chapter then includes the sources of foreign protection that are the result of historical development. Particular attention is paid to bilateral and multilateral investment protection agreements, as the investment protection system consists primarily of such agreements. In this context it should be noted that the protection of foreign investments is greatly fragmented due to the large number of such agreements and, at the same time, the absence of a universal multilateral treaty. In the fourth chapter, special...

Ce mémoire explore la dépossession territoriale des Ojibweg au profit du gouvernement canadien dans toutes ces dimensions — qu’elles soient économiques, politiques, mais particulièrement culturelles. C’est l’analyse fortement inspirée de la géographie culturelle, trop peu considérée dans le récit traditionnel du colonialisme de peuplement, qui représente le principal thème de ce travail. Le cas exemple retenu est celui des Ojibweg de la Garden River First Nation, entre 1815 et 1860. Par la figure du chef Shingwaukonse, cette communauté entretenait une diplomatie très active avec la Couronne britannique, par l’entremise des représentants de ces colonies canadiennes. Ces traces permettent de voir l’étendue de la dépossession totale que nécessite le colonialisme de peuplement. Afin d’y arriver, il faut d’abord refaire un récit de la région du Sault-Sainte-Marie dans sa dimension transfrontalière, pour dégager les dynamiques coloniales multiples que subissaient les Ojibweg de la région. Ce narratif commence sur une échelle régionale vaste propre à l’Empire britannique, avant de s’arrêter sur la vision identitaire de ce groupe, nouvellement dépossédé. / This thesis explores the territorial dispossession of the Ojibway people by the Canadian government in all its dimensions – be it economical, political but especially cultural. The analysis, greatly indebted to cultural geography, aspect too often poorly considered in the traditional narratives of settler colonialism, is the principal theme of this work. The type case is the Ojibway of the Garden River First Nation, between 1815 and 1860. By the figure of Shingwaukonse, this community held a very active diplomatic activity with the British crown, by the contact with representatives of its Canadian colonies. The trail it left allows us to see the total dispossession that necessitates settler colonialism. To successfully tackle this project, it is imperative to reframe the narrative of the Sault-Sainte-Marie region in all of it cross-border character, to address the multiple colonial dynamics felt by regional Anishinaabeg. This narrative starts on a vast geographical scale associated with the British Empire, before stopping on the specific ways this group lived their identities when faced with these new dispossessions.

This thesis contributes to a better understanding of Bilateral Investment Treaties (BITs). The second Chapter investigates the potential downside of BITs on sovereign default risk. The legal risk of arbitral proceedings imposed by BITs might increase sovereign default risk. This risk channel is especially relevant in countries with low executive constraints. Even if a sovereign does not expropriate, there may be negative effects on sovereign bond prices. Thus, sovereign debt may become more expensive after a BIT signature. The third Chapter investigates how BITs affect foreign portfolio equity investment. BITs with strong investor protection increase bilateral portfolio equity investments in countries with high political risk. In low-risk countries, no effect is detected. Policymakers should consider their political risk when deciding on investment treaties. When the political risk is low, one cannot expect an investment-enhancing effect from BITs. The fourth Chapter encourages policymakers to comply with concluded investment treaties. The first arbitral proceeding permanently lowers the bilateral portfolio investments, even from countries not involved in the investment dispute. A conviction of the host state seriously deters foreign portfolio investors. However, initiating proceedings and decisions favoring the respondent state can also deter some portfolio investors. Concerning portfolio investments, policymakers should avoid arbitral proceedings as far as possible.

We analyze the effect of bilateral investment treaties (BITs) on bilateral foreign portfolio investment in equity and debt securities. We find that expropriation risk and the level of a BIT’s investor protection are complementary. Applying a Poisson Pseudo-Maximum-Likelihood model to a panel of 60 home and 39 host countries from 2002 to 2017, we find that host countries receive 40% more bilateral equity investment when they protect foreign investors with a BIT. This effect almost doubles when investment protection of BITs is strong, and the political risk of the host country is high.

Made available in DSpace on 2016-04-26T20:22:43Z (GMT). No. of bitstreams: 1 Amanda Alves Almozara.pdf: 557882 bytes, checksum: 16de1c02d517fd5b3afb2bafb41ad8db (MD5) Previous issue date: 2014-04-16 / This study analyzes the Nation States experiencing a new global reality, characterized by increasing interdependence in several areas, especially the taxfinancial area. Sovereign States, to achieve their goals, now have to increasingly establish international treaties and conventions. Assuming obligations at a global level, in many cases, involves incorporating international regulations into internal ordinance. Law agents have to face such incorporation of regulations into the internal legal system. Internally, the selection of a federal system for the State has led to several political agents, with their own competence and autonomy. The tax area is one segment in the Brazilian legal system that has received strong impact of regulations from international treaties and conventions. After all, federal agents find in the 1988 Constitution the support to obtain the revenues required to perform their assignments, especially for the distribution of tax competencies. In a federal system that ensures economic-financial autonomy of political agents, it is important to highlight Article 151, III of the Federal Constitution, which prohibits interventions of a partial legal order (the Union) in the other members (states, federal district and municipalities), by granting heteronomous exemptions. Thus, debates have been conducted about the incorporation of exemptions granted abroad into the legal system affecting the tax competency of member States. Considering this reality, the purpose of this study is to demonstrate the possibility to establish international treaties that grant conventional state tax exemptions. It also addresses national limits applicable to such exemptions, which result from the structure and constitutional organization of the Brazilian Federal State, the financial autonomy of federal agents and interests safeguarded by the Constitution / A temática desta tese envolve a análise dos Estados nacionais diante de uma nova realidade mundial, marcada pela crescente interdependência em várias áreas, das quais se sobressai a área tributária-financeira. Os Estados soberanos, para atingir seus propósitos e objetivos, necessitam, cada vez mais, celebrar tratados e convenções internacionais. A assunção de obrigações no âmbito global, em inúmeras situações, importa na recepção de normas internacionais nos ordenamentos jurídicos internos. A incorporação de tais normas no sistema jurídico pátrio deve ser enfrentado pelos operadores do Direito. Internamente, a opção pela forma federal de Estado levou a existência de várias pessoas políticas, dotadas de competência e autonomia próprias. O campo tributário é uma das áreas do sistema jurídico brasileiro em que mais se sentem os reflexos do ingresso das normas decorrentes de tratados e convenções internacionais. Afinal, a Constituição de 1988 confere aos entes federados os meios de obtenção de receitas indispensáveis ao desempenho de suas atribuições, com destaque para a distribuição das competências tributárias. Em um sistema federal que garante a autonomia econômico-financeira dos entes políticos, ressalta-se a importância do artigo 151, inciso III da Constituição Federal, que veda a ingerência de uma ordem jurídica parcial (a União) nas demais (Estados, Distrito Federal e Municípios), por meio da concessão das chamadas isenções heterônomas. Justificam-se, assim, os debates quanto ao ingresso no ordenamento jurídico das isenções concedidas no plano internacional, e que atinjam a competência tributária dos Estados-membros. Considerando essa realidade, a presente dissertação tem como propósito demonstrar a possibilidade de celebração de tratados internacionais concessivos de isenções convencionais de tributos estaduais. Dando um passo além, trata dos limites aplicáveis no âmbito interno a tais isenções, que decorrem da própria estrutura e organização constitucional do Estado Federal Brasileiro, da autonomia financeira dos entes federados e dos interesses salvaguardados pela Constituição