DEFINIȚIA INVESTIȚIEI INTERNAȚIONALE ÎN HOTĂRÂRI ARBITRALE. INSUFICIENȚA PREVEDERILOR DREPTULUI INTERN ÎN MATERIE
Definition of International Investment in Arbitration Judgments. Insufficiency of Domestic Law Provisions in The Matter

Author(s): Cristina Elena Popa Tache
Subject(s): International Law
Published by: Universul Juridic
Keywords: arbitration; foreign investment; definition of international investment; treaties;
Summary/Abstract: Jurisprudence does not give an uniform approach. Not always the eloquent practice is based on the ICSID rules, although it is worth mentioning that ICSID's work and the cases solved by this Center have covered important aspects of international investment law and, in particular, the issue of investment definition. In parallel, interpreting the typical investment definition found in BITs has prompted a number of developed and developing countries to define investments with greater clarity and detail in their international agreements. Almost all the states have their own foreign investment legislation; there are a large number of foreign normative acts regulating foreign investments, each of these documents reflecting the economic situation of each state, their attitude to capital imports, the strategies adopted for attracting, maintaining these investments and investment relations and, at the same time, promoting national policy towards foreign investment.

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