The purpose of my thesis is to analyse the arbitration as a means of settlement of international investment disputes. The reason for my research is the dynamic growth in number of international investment disputes which appears to examine the adaptability and viability of international law. The thesis is composed of four chapters, each of them dealing with different aspects of the problems. Chapter One is introductory, it defines basic terminology used in the thesis and deals with the means of investment protection. The chapter is subdivided into four parts. Parts One to Three describe the fundamental terms such as international investment law, international investment and investor from economic and legal points of view. Part Four describes the historical background and the current state of foreign investment protection. Chapter Two focuses on international arbitration as a means of investment disputes settlement. It mentions several possibilities and analyses the two predominant ones - the arbitration mechanisms of the International Center for the Settlement of Investment Disputes (ICSID) and the ad hoc arbitration using the UNCITRAL rules. Chapter Three investigates the position of States in these disputes. It is subdivided into three parts. Part One compares the sovereignty of States with the substantive rights of the investors. Part Two examines the relation of this system to public law and Part Three questions the interests of private arbitrators. Chapter Four provides an outline of relevant Czech case law. Although it has not been very abundant up to the present day, it illustrates well the approach to decision-making by some arbitration courts and common faults of State agencies when addressing foreign investors. Conclusions are drawn in the final part of the thesis. The main aim of the thesis is to expand my initial hypothesis that international investment arbitration forms an unprecedential system, which addresses the balance between the interests of private investors and sovereign States. The standards of investment protection as described thereinbefore appear to be a powerful instrument to strengthen the position of foreign investors. Finally, several changes in the legislation and international treaties, which would equilibrate the balance back, are suggested in the Conclusion.
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:18188 |
| Date | January 2009 |
| Creators | Pivarči, Michal |
| Contributors | Švarc, Zbyněk, Koucká, Jiřina |
| Publisher | Vysoká škola ekonomická v Praze |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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