The Notion of Investment: New Controversies

مقارنة وتحليل المصادر التنظيمية بموجب قانون حماية المستثمرين لتمويل المشاريع في المملكة المتحدة والولايات المتحدة الأمريكية ، باستخدام قوانين وتشريعات القضايا ذات الصلة

“…risks associated with the completion of the project (namely, whether the project will be completed on time and to the required budget); risks related to the design and the construction of the project; and risks which are related to financial, tax and accounting aspects of the project. 15 Research which has been conducted by Harrison suggests that there is no legislative framework within English law which is specifically focused on the protection of foreign investors who are involved in UK based project finance; rather than a specific piece of legislation, the regulations which protect investors in this environment are dispersed across different pieces of legislation. 16 Furthermore, the amount of protection which is afforded to different investors is far from uniform and depends to a great extent on the investors country of origin, since the level of protection varies significantly depending on the bilateral investment treaty which the UK has with that country.…”

“…The UK law states that the expropriation of the assets which are owned by foreign assets is only allowed if such expropriation is non-discriminatory and has a clear public purpose; in such cases, it is stated that compensation must be provided to the investor. 20 While there is no legislation which relates specifically to the expropriation of the assets of project finance 15 investors, this process is governed by the European Convention on Human Rights which states that all such expropriations should only be conducted in the public interest. 21 The level of compensation which is provided to investors is determined on the basis of the value of the investment before expropriationin cases where a dispute arises between the foreign investor and the UK government, the investor has the right to initiate an settlement procedure, as outlined within Article 8 of the UK"s Model Bilateral Investment Treaty.…”

Economic Sanctions under International Law

“…89, 99 (citing earlier cases).12 See e.g., Dupont 2011b;Gaillard 2009;Manciaux 2008;Yannaca-Small 2010; Dolzer and Schreuer 2008, pp. 159.11 Case Concerning East Timor (Portugal v. Australia), Judgment, 1995 I.C.J.…”