IN ENGLISH Jurisdiction and Admissibility in the Czech Republic's BITs The purpose of this work is to assess whether the high number of investment cases the Czech Republic had to face was partially prompted by wordings of Czech Republic's BITs. The work focuses on clauses that pertain to jurisdiction of tribunal and admissibility of claim, as these are the first questions that are raised in every proceedings. The work consists of six Chapters. The first Chapter is introductory and outlines the issues that will be examined. The second Chapter defines the terms 'jurisdiction' and 'admissibility' and explains how the concepts relate to provisions of BITs. The third Chapter is dedicated to topic of treaty shopping. It explores cases against the Czech Republic where the issue of treaty shopping was raised, analyses the argumentation and provisions that were used in each case together with similar provisions contained in other Czech BITs, and suggests changes that should be made in order to make the clauses more effective against treaty shopping. The fourth Chapter examines the instance of parallel proceedings commenced against the Czech Republic. In a structure similar to the previous Chapter, it firstly analyses the awards and the BITs that were used together with the rest of the Czech BITs. Finally it...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:352929 |
| Date | January 2016 |
| Creators | Heroutová, Kateřina |
| Contributors | Balaš, Vladimír, Šturma, Pavel |
| Source Sets | Czech ETDs |
| Language | English |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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